HomeMy WebLinkAboutWarranty Deed with vendor's lien BILL & RETURN TO: •
BRAZOS COUNTY
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01124245 OR 10842 245
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED WITH VENDOR'S LIEN
DATE: August 10, 2012
GRANTOR: MARIOTT HOMES, INC.
GRANTOR'S MAILING ADDRESS:
209 Rock Prairie Road
College Station, Texas 77845
GRANTEE: NICOLAAS E. DEUTZ and MARIELLE P. ENGELEN
GRANTEE'S MAILING ADDRESS:
1405 Mission Hills
College Station, Texas 77845
CONSIDERATION: TEN AND NO /100 DOLLARS ($10.00) and a note of even date that
is in the principal amount of FOUR HUNDRED SEVENTEEN
THOUSAND AND NO /100 DOLLARS ($417,000.00) and is
executed by Grantee, payable to the order of AMERICAN
MOMENTUM BANK. The note is secured by a vendor's lien
retained in favor of AMERICAN MOMENTUM BANK in this deed
and by a deed of trust of even date from Grantee to JULIUS C.
DUNLAP, Trustee.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
Being all that certain lot, tract or parcel of land lying and being situated in
Brazos County, Texas and being Lot Thirty -one (31) and part of Lot Thirty
(30), Block Thirty -nine (39), PEBBLE CREEK, PHASE 7 -B2, an addition to
the City of College Station, Texas, according to amending plat recorded in
Volume 6465, page 233, Official Records of Brazos County, Texas; said part
of Lot 30 being more particularly described by metes and founds as follows:
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BEGINNING at a found 1/2 inch iron rod marking the common most
southerly corner of said Lot 30 and Lot 31, Block 39 of said Pebble Creek,
Phase 7 -B2 and being in the northwest right -of -way line of Mission Hills
Court (based on a 120 foot width at this location), from whence a found 1/2
inch iron rod marking a Point of Curvature in said Mission Hills Court line
bears S 35° 12' 19" W at a distance of 86.69 feet for reference;
THENCE N 38° 03' 38" W through the interior of said Lot 30 for a distance
of 161.06 feet to a 1/2 inch iron rod set in the northwest line of said Lot 30,
from whence a found 1/2 inch iron rod marking the west corner of said Lot 30
bears S 50° 32' 54" W at a distance of 84.27 feet for reference;
THENCE N 50° 32' 54" E along said northwest line of Lot 30 for a distance
of 17.85 feet to a found 1/2 inch iron rod marking the common most
northerly corner of Lots 30 and 31, Block 39 of said Pebble Creek, Phase 7-
B2;
THENCE S 31° 45' 13" E along the common line of said Lots 30 and 31 for a
distance of 162.48 feet to the POINT OF BEGINNING and containing 0.0330
acres (1437.4 sq. ft) of land, more or less.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Restrictive covenants affecting the herein described property recorded
in 1225, page 1, Volume 6470, page 152 and Volume 6495, page 123,
Official Records of Brazos County, Texas.
(2) Easements, or claims of easements, which are not recorded in the
public records.
(3) 10' Public Utility Easement along northwest, northeast and front lot
lines, 15' portion of a 25' Public Utility and Drainage Easement along
southeast lot line and 5' Public Utility Easement along southwest side
of Lot 31 as shown of record on amending plat of Pebble Creek,
Phase 7 -B2, recorded in Volume 6465, page 233, Official Records of
Brazos County, Texas, 25' Building Line along rear lot lines as set out
in "Restrictions" recorded in Volume 6470, page 152, Official
Records of Brazos County, Texas, 25' Building Line along front lot
line and 7.5' Building Line along southwest property line as per City
Ordinance and all as shown on survey plat prepared August 6, 2012
by Kevin R. McClure, Registered Professional Land Surveyor, State
of Texas, No. 5650.
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(4) Those matters as depicted on survey plat prepared August 6, 2012 by
Kevin R. McClure, Registered Professional Land Surveyor, State of
Texas, No. 5650, as follows:
1.) Proposed 5' public utility easement along southwest property line
as per note on survey plat.
2.) Encroachment by pool and hot tub into 25' building line along
northwest lot line.
3.) Encroachment by house into existing 5' public utility easement to
be relocated upon filing of replat as noted on survey plat.
(5) Right -of -Way Easement from E. S. Wickes to Humble Pipeline
Company, dated July 7, 1919, recorded in Volume 48, page 614,
Deed Records of Brazos County, Texas, as, and as noted on survey plat
YP
prepared August 6, 2012 by Kevin R. McClure, Registered
Professional Land Surveyor, State of Texas, No. 5650.
(6) REA Easement from W. R. McCullough, Trustee to the City of
Bryan, dated June 8, 1938, recorded in Volume 98, page 83, Deed
Records of Brazos County, Texas, and as noted on survey plat
prepared August 6, 2012 by Kevin R. McClure, Registered
Professional Land Surveyor, State of Texas, No. 5650.
(7) Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto contained in Deed from The Federal Land
Bank to C. C. Hedges, et al, dated November 2, 1934, recorded in
Volume 87, page 533, Deed Records of Brazos County, Texas.
(8) Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto contained in Deed from J. E. Marsh, et ux to
Henry B. Clay, dated November 30, 1967, recorded in Volume 266,
page 238, Deed Records of Brazos County, Texas.
(9) Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto contained in Deed from Kenneth M. Morris,
Trustee to Howard L. Terry et al, dated March 19, 1991, recorded in
Volume 1252, page 211, Official Records of Brazos County, Texas.
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( 0) Estate created by Oil and Gas Leases from Vernon F. Runnels, et al to
Ameritex Minerals, Inc., dated May 8, 1990, recorded in Volume
1192, page 551; Volume 1192, page 554; Volume 1193, page 783 and
Volume 1194, page 209 and as ratified in instruments recorded in
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Volume 1252, pages 216, 218, 220, 222, 224, 226 and 228, Volume
2672, pages 196 and 215, Official Records of Brazos County, Texas.
(11) Estate created by Oil and Gas Leases from Gene R. Mendel, et al to
RME Petroleum Company, dated June 14, 2001, recorded in Volume
4188, page 81, Volume 4208, pages 143,147 and 155, Volume 4218,
pages 190 and 194, and Volume 4231, page 319, Official Records of
Brazos County, Texas.
(12) The terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions and Restrictions executed by Pebble ebble Creek
Development Company, dated December 4, 1990, recorded in
Volume 1225, page 1, supplemented in Volume PP ume 6470, page 152 and
amended in Volume 6495, page 123, Official Records of Brazos
County, Texas.
(13) Maintenance charge as set forth rth in the Declaration of Covenants,
Conditions and Restrictions executed by Pebble Creek Development
Y p t
Company, p ,dated December 4 1990
Y , recorded in Volume 1225, page 1
�P $
and supplemented in Volume 6470 page 152
Official Records of
Brazos County, Texas.
(14) All oil, gas and other minerals in and under the herein described
property, together with any rights of ingress and egress, mining or
drilling privileges heretofore reserved or conveyed by predecessors in
title, and not referenced above as an exception to conveyance and
warranty.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds
Grantor and Gran Y
Grantor's heirs, executors, administrators, successors #
rs, to warrant and forever defend
all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors,
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shall become absolute.
AMERICAN MOMENTUM BANK at Grantee's request has paid in cash to Grantor that
portion of the purchase price of the property that is evidenced by the note described. The vendor's
lien and superior title to the property are transferred to that party without recourse on Grantor.
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When the context requires, singular nouns and pronouns include the plural.
MARIOTT HOMES, INC.
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BY:
1/ 0 1 ! • 0 President
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the /0 day of August, 2012, by LARRY
MARIOTT, President of MARIOTT HOMES, INC., a Texas corporation, on behalf of said
corporation.
'% \ L J Palk S RIL33.200 No Pub c, Stat of as
Filed for Record in:
PREPARED BY: BRAZOS COUNTY
TOM GIESENSCHLAG On: Aug 1312012 at 10 :32A
3800 Cross Park Drive As a
Bryan, Texas 77802 Record inss
(TG /sah/151652) Document timber: 01129245
Amount 32.00
AFTER RECORDING. RETURN TO: Receipt timber - 445289
Bs,
BRAZOS COUNTY ABSTRACT COMPANY Ash lee Peters
P.O. Box 4704 STATE OF TEXAS COUNTY OF BRAZOS
I hereby certify that this instrument gas
Bryan, Texas 77805 ri led on the date and time stamped hereon bi me
and was dull recorded in the volume and Rase
of the Official Public records of:
BRAZOS COUNTY
as stamped hereon be me.
Aus 13,2012
Karen McQueen, Brazos Counter Clerk
BRAZOS COUNTY
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DECLARATION OP
EASEMENTS. RESTRICTIONS. AND COVENANTS POR
THE PEBBLE CREEK DEVELOPMENT
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TABLE OP CONTENTS
1. DEFINITIONS 1
1.1 " Annsxable Lend" 1
1.2 " Annexation" 1
1.3 "Association" 1
1.4 "Board" 1
1.5 "Business" 1
1.6 "Commercial Builder" 2
1.7 "Common Area" 2
1.8 "Community" 2
1.9 "Community Association" 2
1.10 "Community Common Elements" 2
1.11 "Country Club Land" 2
1.12 "Declarant" 2
1.13 "Declaration" 2
1.14 "Governing Documents" 2
1.15 "Improvements" 2
1.16 "Lot" •
. 1.17 "Member" 2 .
1.18 "Notice" 3
1.19 "Owner" 3
1.20 "Person" 3
1.21 "Pebble Creek Development" 3
1.22 "Supplementary Declaration" 3
1.23 "Unimproved Lot" 3
1.24 "Unit"
2. SUBJECT PROPERTIES 3
2.1 Existing Property 3
2.2 Annexation By Supplementary Declaration 3
3. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 4
3.1 Members 4 I I
3.2 Classes 4
3,3 Determination of Voting Rights 4
3.4 Multiple Owners of a Lot or Unit 5 '
3.5 Country Club Voting 5
3.6 Members' Rights of Enjoyment 5
3.7 Delegation of Use. 5
4.0 COMMON AREAS AND SERVITUDES 6
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4.1 Common Area 6
4.2 Community Common Elements 6
5. ASSESSMENTS 6
5.1 Imposition and Collection 6
5,2 Purpose of Maintenance Assessments 8
5.3 Basis and Maximum of Maintenance Assessment 8
5.4 Special Assessments for Capital Improvements 9
5.5 Meeting. Notice and Quorum 9
5.6 Uniform Rate of Assessments 9
5.7 Commencement of Maintenance Assessments 9
5.8 Declarant Voluntary Contributions 9
5.9 Nonpayment of Assessments 10
5.10 Subordination of the Lien 10
5.11 Exempt Property 10
6. ARCHITECTURAL CONTROL 10
6,1 Basic Control 10
6.2 Architectural Control Committee 11
6.3 Effect of Inaction 12
6.4 Effect of Approval 12
6.5. Minimum Construction Standards 13
6.6. Variances 13
6.7. Notices of Completion and Noncompliance 13
6.8. No Implied Waiver or Estoppel 14
6.9. Disclaimer 14
6.10 Inspection of Work. 14
7. DECLARANT'S RIGHTS AND RESERVATIONS 14
7.1 Period of Declarant's Rights and Reservations 14
7.2 Right to Construct Additional
Improvements in Common Area 14
7.3 Declarant's Rights to Use Common Area in
Promotion and Marketing of the Pebble Creek
Development and Annexable Land 15
7.4 Declarant'a Rights to Complete Development
of the Pebble Creek Development 15
7.5 Declarant's Rights to Orant and Create Easementa 15
7.6 Declarant's Rights to Convey Additional
i Common Elements to the Association 15
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8. DUTIES AND POWERS OF THE ASSOCIATION 15
8.1 Ooneral Duties and Powers of the Association 15
8.2 Duty to Accept the Pebble Creek
Development and Paeilitiea Transferred
by Declarant 15
8.3 Duty to Manage and Care for the Common Area 16
8.4 Duty to Pay Taxes 16
8.5 Duty to Maintain Casualty Insurance 16
8.6 Disbursement of Proceeds 16
8.7 Damage and Destruction 16
8,8 Repair. Replacement and Reconstruction 16
8.9 Duty to Maintain Liability Insurance 17
8.10 Oeneral Provisions Respecting Insurance 17
8.11 Other Insurance and Bonds 17
8.12 Duty to Prepare Budgets 17
8.13 Duty to Levy and Collect Feea,
Charges and Asseasmenta 17
8,14 Power to Acquire Property
and Construct Improvements. 17
8.15 Power to Adopt Rules and Regulations. 17
8.16 Power to Enforce Restrictions
and Rules and Regulations, 17
8.17 Power to Provide Public Functions. 18
8.18 Power to Provide Special Snrvices for Members. 18
8.19 Power to Grant Easements. 19
8,20 Power to Convey and Dedicate Property
to Government Agencies. 19
8.21 Power to Borrow Money and Mortgage Common Area. 19
8,22 Power to Employ Manager. 19
8.23 Power to Engage Employees,
Agents and Consultants. 19 •
I 8,24 Power to Approve Annexation of Property. 19
8.25 General Corporate Powers. 19
9. NOTICE OF SALE OF LOT OR UNIT 20
9.1 Notification of Sale of Lot or Unit. 20
9.2 Certificate of Compliance. 20
10. GENERAL RESTRICTIONS APPLICABLE TO LAND 20
10.1 Maintenance of Property. 20
10.2 Noxious or Offensive Activity. 20
10.3 Annoying Sounds or Odors. 40
10.4 No Hazardous Activities. Y1
10.5 No Unsightliness. 21
10.6 Restrictions on Garbage and Trash. 21
10.7 No Temporary Structures. 21
10.8 Restrictions on Antenna, Pipes and Utility Linea.21
10.9 Restrictions on Signs and Advertising Devices. 21
10.10 Restrictions on Mining or Drilling. 21
10.11 Maintenance of Drainage. Y2
10.12 Compliance with Insurance Requirements. 22
10.13 Compliance with Laws. 22
10.14. Restrictions on Sewage Disposal System. 22
10,15 Restrictions on Water Systems. 22
10.16 Restoration in the Event
of Damage or Destruction. 22
11. GENERAL PROVISIONS 42
11.1 Association Information. 22
11.2 Severability. 22
11.3 Term. 22
11.4 Aesubdivision. 22
11.5 Amendment by Members. 44
11.6 Amendment by the Declarant. Y3
11.7 Mergers and Consolidations. 23
11.8 Effect on Annexable Land. 24
11.9 Effect on Country Club Land. 14
11.10 Special Approvals by First Mortgagees. 24
11.11 Declarant's Rights and Prerogatives. 24
11.12 Disolaimer for Errant Oolf Balla. 24
11.13 Gender. 25
11.14 Headings. 25 1
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DECLARATION OP EASEMENTS. * UNITED STATES OP AMERICA
R88TRICRIONB, AND COVENANTS
• FOR;?HE PEBBLE CREEK DEVELOPMENT * COUNTY OF BRAZOB
BY PEBBLE CREEK DEVELOPMENT COMPANY,
A TEXAS CORPORATION STATE OP TEXAS
Thin Declaration is made as of the _, of December, 1990, by
Pebble Creek Development Company (he eina referred to as the
"Declarant "). represented herein by Vice President, A. P. Boyd.
The address of the Declarant is 2108 Southwood Drive, College
Station, Texas 77840.
WHEREAS, Declarant declares that it is the owner of certain real property
situated in the County of Brazos, State of Texas, described as set forth on Exhibit
"A " annexed hereto and made a part hereof (said property being hereinafter sometimes
referred to•as the "Exhibit A Property "); and
WHEREAS, Declarant further declares that it desires that the Exhibit A
Property, together with other real properties in the same general area which may
subsequently be associated with the Exhibit A Property for a similar purpose. be
owned,. held, sold, conveyed, transferred, leased, mortgaged, occupied, maintained,
altered and improved subject to certain reservations, servitudes. restrictions,
covenants, charges. liens, easements and conditions as part of a general scheme of
development of such properties as a balanced. planned community accommodating a mix
of residential. commercial, golf course and country club, public and other land
uses. and pursuant to a common and general plan for the benefit of Declarant and
subsequent owners and occupants of such properties in order to protect and enhance
the quality, value and desirability thereof; and
WHEREAS. Declarant further declares that it desires to provide for an
automatic - membership non- profit corporation to own, hold, maintain and manage
certain real properties in the vicinity of, and to perform functions for the benefit
of owners and occupants of the above described properties, to assist in the
administration and enforcement of the covenants, charges, liens, conditions, and •
restrictions, hereby and hereafter established, and to promote the recreation,
health. safety and welfare of the owners and occupants of the said properties.
NOW. THEREFORE. Declarant hereby declares that the Exhibit A Property shall be
held. transferred, sold. conveyed, leased, occupied and used subject to the
following reservations, servitudes. restrictions, covenants, charges, liens,
privileges. easements and conditions which are for the purpose of protecting the
value and desirability of and which shall run with title to the Exhibit A Property
and any other real property (collectively, the "Pebble Creek Development ") hereafter
made subject to this Declaration, and which shall be binding on all parties having
any right, title or interest in the real property made subject to this Declaration
or any portion thereof. and their respective heirs, successors, successors -in-
titles, assigns, and shall inure to the benefit of each owner thereof and where
provided herein. shall benefit the property on which the Pebble Creek Development is
located.
1. DEPIt1I.TLOIIR:
As used herein, the following terms shall have the following meanings:
1.1 "Annpmdge_¢gjd" shall mean any real property now or hereafter owned by
Declarant, all or any portion of which may from time to time be made subject to this
Declaration by Declarant pursuant to the provisions of Section 2.2 of this
Declaration. The provisions of this Declaration shall not constitute an encumbrance
upon !or restrict the use of any portion of the Annexable Land which does not become
subject to this Declaration pursuant to the provisions of Section 2.2 of this
Declaration.
1.2 " Aonexaajpn" shall mean the act by which Annexable Land is made subject
to the terms of this Declaration.
1.3 "Association" shall mean that automatic - membership, Texas non- profit
corporation made up of Owners and called Pebble Creek Owners Association, Inc.
1.4 "Board" shall mean the board of directors of the Association.
1.5 "Business" shall mean any of the following uses; retail business;
profebaional or commercial office; wholesale business; service, such as gas
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stations; or small, light manufacturing not imposing noxious environmental impact
(e.g., noise. smoke, odor, dust. vibration or glare).
1.6 "Commercial Builder" shall mean the owner of an Unimproved Lot who holds
title for the purpose of building Improvements thereon and the subsequent sale or
rental for occupancy. •
1.7 "Common Area" shall mean all real property (including but not limited to
the utility and other improvements thereon and servitudes). streets and right -of-
ways owned. held or maintained by the Association for the common use and enioyment
ot the Owners and occupants of Lots and Unite.
1.8 "Community" shall mean real property in the Pebble Creek Development that
has ito:own distinctive recorded Supplementary Declaration in addition to this
Declaration (which may but need not include condominium regimes), and may have its
own automatic - membership property owners association.
1.9 ".Community Association" shall mean automatic - membership Texas non - profit
corporation established for a Community and made up of Owners in that Community,
including the developer of such Community.
1.10 "Community Common_Elemente" shall mean all real property (including but
not limited to the improvements thereon) located within a Community and owned. held
or maintained by a Community Association for the common use and enioyment of the
Owners and occupants of Lots and Units in the Community.
1.11 "Country.Qlub.Land" shall mean all real property on which the country
club known as "The Pebble Creek Country Club" ( "Country Club ") is located.
1.12 "Declarant" shall mean Pebble Creek Development Company. and its •
successors and assigns. A person or entity Shall be deemed a successor and assign
of Pebble Creek Development Company. as Declarant only if such person or entity is
specifically designated in a duly recorded instrument as a successor and assign ot
Declarant under this Declaration, and shall be deemed a successor and assign of
Declarant only as to the particular rights or interests of Declarant which are
specifically designated in such written instrument. However, a succeasor to Pebble
Creek Development Company. by consolidation or merger. shall automatically be deemed
a succeaaor or assign of Pebble Creek Development Company, as Declarant under this
Declaration.
1.13 "Declaration" shall mean this instrument as it may be amended or
supplemented from time to time as hereinafter provided.
1.14 'poverninq.Dooumenta" shall mean (i) in the case of the Association, this
Declaration, the Supplementary Declaration (if any), and the Articles of
Incorporation and By -Laws of the Association, as the same may be amended from time
to time and filed of record, if applicable, and (ii) in the cane of a Community. the
Community Declaration or Supplementary Declaration, as applicable, and the Articles
of Incorporation and Sy -Laws of the Community Association, as the same may be
amended from time to time and filed of record, if applicable. In the event of
conflict or inconsistency between an Association Governing Document and a Community
Governing Document, the Association Ooverning Document shall control to the extent
permitted by law. If, however, a Community Governing Document is more restrictive
than an Association Governing Document with respect to the permitted use of Lots or
Units. then the Community Governing Document shall control. One Governing
Document's lack of a provision in respect of a matter for which provision is made in
another Governing Document shall not be deemed a conflict or inconsistency between
such Governing Documents.
1.15 "Improvements" shall mean all structures and any appurtenances thereto of
every type or kind. including, but not limited to, buildings. out - buildings,
swimming pools, patio covers, awnings, painting of any exterior surfaces of any
visible structures, additions. walkways, bicycle trails, sprinkler pipes, aaragon.
carports, roads. driveways, parking areas, screening, walla, retaining walls,
stairs, decks. fixtures, windbreaks, poles, aigna, exterior tanks. solar energy
equipment. exterior air conditioning fixtures and equipment. water softener
fixtures. exterior lighting, recreational equipment and facilities, and landscaping
which is visible from land within the Pebble Creek Development other than on which
the landscaping is located.
1.16 "kot" shall mean a lot or parcel of land in the Pebble Creek Development, •
with the exception of reserved areas, Common Area and Community Common Elements. as
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shown upon the latest recorded subdivision plat or plats of record in Brazos county.
Texas.
1.17 "Member shall mean an Owner of a Lot or Unit in the Pebble Creek
Development who is accordingly a member of the Association, including Declarant.
1.18 "Notice" shall mean the form of notice provided by Iaw, from time to
time, tor meetings of members of Texas non- profit corporations: provided that. if
more than one Person is the Owner of a Lot or Unit, notice to one such Owner whose
designation by the Owners of such Lot or Unit for that purpose has been notified in
writing to the Association (with the most recent notification controlling) shall
constitute notice to all such Owners.
1.19 "Owner" shall mean the Person. including the Declarant. or if more than
one all Persons collectively, who hold fee simple title of record to a Lot or Unit •
in the Pebble Creek Development, including sellers under executory contracts of sale
and excluding buyers thereunder.
1.20 "(!erson" shall mean a natural person, a trust, a corporation, a
partnership. or any other entity.
1.21 "PO41e tapk_Deyglopmegt" shall mean the property described on Exhibit
"A" attached hereto and any other real property which hereafter becomes subject to
this Declaration.
1.22 "8upplementary_Decjaretioq" shall mean a recordable instrument. complying
with the terms of this Declaration. by which one or more of the following are
accomplished: (i) Annexation. (ii) Annexation of property affected thereby to a 1
Community. or (iii) supplemental covenants, conditions, restrictions. servitudes
and /or destinations imposed on the Owners that take into account the unique and
particular aspects of the proposed development or property affected thereby that are
imposed upon such orooerty.
1.23 "Unimproved.Lot" shall mean a Lot upon which no building has been
substantially completed for use.
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1.24 "Unit" shall mean (i) a Lot improved by a single family dwelling. or
(ii) a portion of a building deaianated for separate ownership having delineated
boundaries and located on an improved Lot, or (iii) a portion of an Unimproved Lot
which at a given time has delineated boundaries and is designated for separate
ownership.
2. BUBIECT.PROPERTIEB
2.1 Exiating_Propgrty. The real property which, as of the date of this
Declaration, is and shall hereafter be owned, held, transferred, sold, conveyed.
leased, mortgaged, used, occupied, maintained, altered. and improved subject to this
Declaration is the property described on the attached Exhibit "A ".
2.2 Annexation_ BL.Su1plemen -ta.CyDedar. @t(on. Declarant may, but shall in no
way be required to , from time to time, within forty (40) years of the date of this
Declaration. unilaterally make subject to this Declaration all or any portion of the
Annexable Land or any additional land ( "Additional Annexable Land ") desired by the
• Declarant and specifically made subject to the terms of this Declaration by an
instrument in writing filed of record in the Office of the County Clerk of Brazos
County, Texas. Real Property within the Annexable Land shall become part of the
Pebble Creek Development, effective upon the recording in the Office of the County
Clerk of Brazos County, Texas. a Supplementary Declaration meeting the requirements
hereinafter set forth. A Supplementary Declaration (a) shall be executed and
acknowledged by the Owners) of the Annexable Land described therein; (b) shall, if
the Annexable Land is not then owned by Declarant, contain the executed and
acknowledged written consent of the Declarant for so long as the Declarant owns any
property within the Annexable Land and has the power to annex additional property
into'the Pebble Creek Development: (c) shall contain an adequate description of such
Annexable Land; (d) shall contain a reference to this Declaration (and any
amendments thereto) which shall state its date of recording and recording
information; (e) shall state the land classification (residential, commercial or
other classification) of such Annexable Land; (f) shell contain a statement that
such :Annexable Land is declared to be part of the Pebble Creek Development under
this :Declaration and that such Annexable Land shall be subject to this Declaration:
and (g) shall state whether such Annexable Land is or is not subject to the
i jurisdiction of a Community Association. Additionally, the Supplementary
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Declaration may provide for phased annexation so that portions of such Annexable
Land may be made subject to the Supplementary Declaration and this Declaration at
different times. A deed by which Declarant conveys a parcel of property. including
property comprising Common Area or Community Common Elements. to another Person, may
constitute a Supplementary Declaration it it meets the foregoing requirements, as
applicable. A Supplementary Declaration may impose upon such Annexable Land
described therein covenants, conditions, reatrictiona, limitations, reservations,
exceptions and equitable servitudes in addition to the provisions set forth in thin
Declaration, taking into account the unique and particular aspects of the proposed
development of such Annexable Land: provided, however, in no event shall any
Supplementary Declaration revoke, modity or amend the covenants or restrictions
established by this Declaration or any other Supplementary Declaration for any other
property comprising a part of the Pebble Creek Development or revoke (so as to
terminate) the provisions of the covenants or reatrictiona established by this
Declaration as to such Annexable Land.
3. AB 80yIATION _WOMPERBH1P.AND_.vOTIM R10H ?S
3.1 Members.. The Country Club and every Owner of a Lot or Unit shall be a
Member of the Association which Declarant is causing to be formed concurrently with
this Declaration. With respect to the Owners, membership shall be appurtenant to
and may not be separated from ownership of any Lot or Unit.
3.2 Classes. The Association shall have three classes of voting membership:
A. Class A Members shall be Commercial - Builders, the Country Club, and
other Owners (except for Owners ot Commercial Property), with the exception of the
Declarant as long as Declarant is a Class S Member, and shall have voting rights as
provided below with respect to the Country Club and each Lot or Unit owned, as
applicable.
8. Class 8 Members shall be the Declarant and shall have voting rights as
provided below for each Lot or Unit owned. The Class 8 membership of Declarant
shall; terminate and be converted to Class A membership on the happening ot the
earliest of the following events (herein referred to as the "Control Transfer
Date "), but in no event prior to January 1, 2020 (unless the Declarant elects to
terminate such Class S membership status on or before January 1, 2020):
(i) when the total votes of Class A and C Members equal the total
votes of Class 8 Members: provided, however, that Declarant's Class 8 status
automatically shall be restored in the event that additional properties are
hereafter annexed into the Pebble Creek Development by Declarant which has the
effect of causing the total Class 8 votes to exceed the total Class A and C votes,
or;
(ii) on December 31, 2021.
Additionally, if the Declarant annexes into the jurisdiction of the
Association more than one hundred fifty (150) acres of additional Annexable Land at
any time prior to the control Transfer Date, then the earliest possible date for the
Control Transfer Date to occur pursuant to (i), above, automatically shall be
extended for additional periods of five (5) years each, commencing January 1, 2020
for every one hundred fifty (150) acres of additional Annexable Land annexed into
the Pebble Creek Development by Declarant.
C. Class C Members shall be Owners of Commercial Property and shall have
the same voting rights as Class A Members unless Declarant should file an instrument
in writing altering or amending such rights; provided, however, Class C Members
shall never have more than one vote for each full acre of land in the Lot or Unit
owned by such Class C Member.
3.3 Determination of.Voting Rights,
A. Class A and C Members, other than the Country Club, shall be entitled
to one (1) vote for each Lot or Unit owned. During each calendar year, the Country
Club shell be entitled to exercise one -tenth (1 /10th) of a vote for each membership
unit, regardless of membership classification, on the membership rolls of the
Country Club as of January 1 of such calendar year, such membership rolls to be
certified to the Association by the President or any Vice President of the Country
Club,
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B. Class B Members shall be entitled to nine (9) votes for each Lot or
Unit owned; provided, however. that in the event a Lot or Unit exceeds one (1) acre.
the'Class B Member shall be entitled to (9) votes for each full acre of land in said
Lot or Unit. If Declarant hereafter subjects Annexable Land or Additional Annexable
Land to the terms of this Declaration, but such land has not been subdivided or
platted, Declarant shall be entitled to nine (9) votes for each full acre of such
land so annexed.
3.4 Multiple _Owners.of.a.).ot „or,pnjt. When more than one (1) Person owns an
interest in a Lot or unit, all such Persons shall be Members, however, there shall
be but one vote for each Lot or Unit owned by Class A or C Members. The vote of
such Lot or Unit shall be exercised as they determine and no notify the Association
in writing (with the most recent written notification controlling).
After a Person is designated by the Members as the representative of such
Members, the Board shall have the right to rely on such designation until a written
notice revoking such appointment, signed by all of the Owners of such Lot, is
received by the Board. If the Owners are unable to agree upon one of their number
to be designated as their representative to the Association, then none of such
Owners shall have any vote, fractional or otherwise, in the Association.
3.5, Country Club Voting. The President or other duly authorized representative
of the Country Club, as evidenced by aatiafactory written evidence of the
designation of a representative of the Country Club, shall exercise the voting
privileges of the Country Club.
Although fractional voting is not permitted, the representative of the Country
Club may divide the whole votes of the Country Club in any manner.
3.6 Member$_ Rights,of_Enjoyment Every Member shall have a beneficial interest
of use and enjoyment in and to the common Areas and such right shall be appurtenant
to and shall pass with the title to every assessed Lot and Unit, subject to the
following provisions:
(a) the right of the Association, with respect to any facilities situated
upon the Common Area, to limit the number of quests of Members;
(b) the right of the Association to charge reasonable admission and other
fees for the use of any facility situated upon the Common Area;
(c) the right of the Association, in accordance with its Articles of
Incorporation and By -Laws (and subject to the prior written approval of the
Declarant) to (i) borrow money for the purpose of improving and maintaining the
Common Area and facilities (including borrowing from the Declarant or any entity
affiliated with the Declarant) and (ii) mortgage said property, however, the rights
of such mortgagee of said property shall subordinate to the rights of the Owners
hereunder;
(d) the right of the Association to suspend the Member's voting rights
and the Hember's and "Related User's” (as hereinafter defined) right to use any
facilities situated upon the Common Area during any period in which the Maintenance
Charge or any assessment against his Lot or Unit remains unpaid. and
(e) the right of the Association to suspend the Member's voting rights
and the Member's and Related User's right to use any facilities situated upon the
Common Area, after notice and bearing by the Board of Trustees, for the infraction
or violation by such Member or Related User of this Declaration or the Rules and
Regulations established for the Pebble Creek Development, which suspension shall
continue for the duration of such infraction or violation, plus a period not to
exceed sixty (60) days following the cessation or curing of such infraction or
violation; and
(f) the right of the Association, subject to the prior written approval
of the Declarant, to dedicate or transfer all or any pert of the Common Area to any
public agency, authority or utility, for such purposes and subject to the provisions
of Section 8.20.
3.7 Relegation pke,_ Any Member may delegate, in accordance with the By-
Laws, his right of enjoyment to the Common Area and facilities to the members of his
"family" (defined herein as those Members of the Member's immediate family Iiving in
the Member's residence), his tenants, or contract purchasers who reside on the Lot
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or Unit (collectively. the "Related Users "). If a Member leases his Lot or Unit to
e tenant. the tenant. but not the Member, shall have the exclusive privilege of
enjoyment of the Common Area and facilities of the Association during the term of
said tenant's tenancy.
4.0 COMMON AREAS AND SERVITUDES
4.1 Comon.Area. Declarant contemplates that from time to time the Aaaociation
will acquire Common Area consisting of portions of land, or land with Improvements
thereon. or rights arising out of grants of the Owners, easements, covenants,
conditions and building restrictions established either by acts of transfer and
conveyance, this Declaration. or by Supplementary Declaration, (but only to the
extent herein specifically provided for). Declarant further contemplates that
recorded plats of portions of the Pebble Creek Development may provide for the
installation, repair, maintenance and replacement of utility and drainage
facilities, walkways and planting in areas which may be designated on such plats as
Common Aron or easements, and within ten (10) feet of the right -of -way of all
streets within the Pebble Creek Development for the installation, repair,
maintenance and replacement of utility and drainage facilities. walkways and
planting in areas which may be designated on such plats as Common Area or easements,
and'within ten (101 feet of the right -of -way of all otrooto within the Pebble Creek
Development tor the installation, repair, maintenance and replacement of street
lighting and trees, together with associated rights of ingress and egress, all or
some of which easements may be acquired by the Association as Common Area.
Declarant declares and acknowledges that it is the intent hereof that such Common
Area shall be owned and held by the Association for the common use and enjoyment of
the Pebble Creek Development and the Owners and occupants thereof. for the purposes
set forth in the governing Documents by the Association. among others, environmental
conservation. storm water management. recreation, landecapina and beautitication,
and.related activities. As and to the extent permitted by law and subject to the
provisions of this Declaration, the use and enjoyment of Common Area may be aubiect
to the right of the Association to charge reasonable fees for the use of any service
or facility ot the Association associated with the Common Area. to entorce tho
collection of such tees by the suspension ot use or otherwise, and to transfer or •
dedicate all or part of such Common Area to any public agency, authority or utility
on such terms and subject to such conditions as the Association may deem
appropriate.
4.2 Copmunity.Gommopllemente. It is further contemplated that Community
Common Elements may be acquired from time to time by any Community Association by
means similar to those by which the Association may acquire Common Area, for the
common use and enjoyment of such Community. and the Owners and occupants thereof,
for purposes similar to those for which the Association may acquire Common Area, and
that provision may be made in the instruments transterring. conveying or
establishing such Community Common Elements for the use and enjoyment of such
Community Common Elements by the Pebbly Creek Development, and the Owners and
occupants thereof. situated outside as well as innide that particular Community.
5. ASSESSMENTS
5.1 Imposition and ,Collection.
A. There may be imposed. assessed or charged against each Lot and Unit
within the Pebble Creek Development, by the Board and in favor of the Association,
maintenance charges (hereinafter sometimes collectively referred to as "Maintenance
Assessment ") and special assessments ( "Special Assessments ") for capital
Improvements: provided however, that Declarant may by instrument in writing filed of
record in the Office of the County Clerk of Brazos County, Texas, alter the charges
or assessments for owners ot Commercial Property until the Control Tranater Date.
Such Maintenance Assessment and Special Assessments shall be imposed, payable and
collected as provided in this Article 5. The Maintenance Assessment, Special
Assessments and any other charges or assessments imposed hereunder shall create a
fund to be known as the "Maintenance Pund ".
B. Each Owner of a Lot or Unit and the Country Club Land, by acceptance
of title thereto whether or not it shall be so expressed in such deed or other
conveyance, is deemed to covenant and agree to pay to the Association all
Maintenance Assessments and any other assessments or charges hereby levied against
such Owner. The Maintenance Assessments and any other assessments or charges hereby
• levied, together with such interest thereon and cost of collection thereof as
hereinafter provided, shall be a charge on the Lots, Units and Country Club Land and
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shall be a continuing lien upon the property as to which each such Maintenance
Assessment or other assessment or charge is made.
C. Any Maintenance Assessment, Special Assessment or other charges and
assessments not paid within thirty (30) days after the due date shall bear interest
tram the due date at the lesser of (i) the rate of eighteen percent (l8%) per annum
or (ii) the maximum rate permitted by law. The Association may bring an action at
law against the Owner personally obligated or Country Club, as applicable, to pay
the same or foreclose the above described lien against the Owner's Lot or Unit or
Country Club Land. as provided below.
D. In order to secure the payment of the Maintenance Assessment, Special
Assessments, and other charges and assessments hereby levied, a vendor's (purchase
money) lien for the benefit of the Association, shall be and is hereby reserved in
the deed from the Declarant to the purchaser of each Lot, Unit and Country Club Land
or portion thereof. which lien shall be enforceable through appropriate judicial
and /or non - judicial proceedings by the Association. As additional security for the
payment of the Maintenance Assessment, Special Assessments. and other charges and
assessments hereby levied, each Owner of a Lot, Unit and Country Club Land in the
Pebble Creek Development, by such party's acceptance of a deed thereto, hereby
grants the Association a contractual lien on such Lot, Unit and Country Club Land
which may be foreclosed on by non - judicial foreclosure and pursuant to the
provisions of Section 51.002 of the Texas Property Code (and any successor statute),
and each ouch Owner hereby expressly grants the Association a power of sale in
connection therewith. The Association shall, whenever it proceeds with non - judicial
foreclosure pursuant to the provisions of said Section 51.002 of The Texas Property
Code and said power of sale designate in writing a Trustee to post or cause to be
posted all required notices of such foreclosure sale and to conduct such foreclosure
sale: The Trustee may be changed at any time and from time to time by the
Association by means of a written instrument executed by the President or any Vice
President of the Association and filed for record in the Real Property Records of
Brazos County, Texas. In the event that the Association has determined to non -
judicially foreclose the lien provided herein pursuant to the proviaiona of said
Section 51.002 of the Texas Property Code and to exercise the power of sale hereby
granted, the Association shall mail to the defaulting Owner a copy of the Notice of
Trustee's Bale not less than twenty -one (21) days prior to the date on which said
sale is scheduled by posting such notice through the U. B. Postal Service, postage
prepaid, certified, return receipt requested, properly addressed to such Owner at
the last known address of such Owner aocordiaq to the records of the Association.
If required by law, the Association or Trustee shall send any curative period notice
to the owner and also cause a copy of the Notice of Trustee's Bale to be recorded in
the Real Property Records of Brazos County, Texas. Out of the proceeds of such
sale. if any, there shall first be paid all expenses incurred by the Association in
connection with such detault, including reasonable attorney's fees and a reasonable
trustee's fee; second, from such proceeds there shall be paid to the Association an
amount equal to the amount in default; and, third, the remaining balance shall be
paid to such owner. Following any such foreclosure, each occupant of any such Lot.
Unit and Country Club Land foreclosed on and each occupant of any improvements
thereon shall be deemed to be a tenant at sufferance and may be removed from
possession by any and all lawful means, including a judgment for possession in an
action of forcible detainer and the issuance of a writ of restitution thereunder.
In the event of nonpayment by any Owner of any Maintenance Assessment,
Special Assessment, or other charge or assessment levied hereunder, the Association
may, in addition to foreclosing the lien hereby retained, and exercising the
remedies provided herein, upon thirty (30) days prior written notice thereof to such
non paying Owner, exercise all other rights and remedies available at law or in
equity.
It is the intent of the provisions of this Section 5.1 to comply with the
provisions of Said Section 51.002 of the Texas Property Code relating to non -
judicial sales by power of Bale and, in the event of the amendment of said Section
51.002 of the Texas Property Code hereafter, the President or any Vice President of
the Association, acting without joinder or any other Owner of mortgagee or other
person may, by amendment to this Declaration filed in the Real Property Records of
Brazos County, Texas, amend the provisions hereof so as to comply with said
amendjaents to Section 51.002 of the Texas Property Code.
B. in addition to the right of the Association to enforce the Maintenance
t l Assessment, Special Asaesament or other charge or assessment levied hereunder, the
Association may file a claim or lien against the Lot, Unit and Country Club Land of
the delinquent Owner by recording a notice ( "Notice of Lien ") setting forth (a) the
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amount of the claim of delinquency, (b) the interest and costa ot collection which
have accrued thereon. (c) the legal description and street addrena of the Lot, Unit
and Country Club Land aaainat which the Lien is claimed and (d) the name of the
Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer
of the Association or other duly authorised agent of the Association. The lien
shall continue until the amounts secured thereby and all subsequently accruing
amounts are fully paid or otherwise satisfied. When all amounts claimed under the
Notice of Lion and all other costs and assessments which may hove accrued subsequent
to the filing of the Notice of Lien have been fully paid or aatinfied, the
Association shall execute and record a notice releasing the lien upon payment by the
Owner of a reasonable fee as fixed by the Board of Trustees to cover the preparation
and recordation of such release of lien instrument.
F. Any vice president, the treasurer or the manager of the Association
shall, within ten (10) days of a written request and upon payment to the Association
of such fee as is from time to time determined by the Board. furnish to any Owner or
ouch Owner's mortgagee which request the same, a certificate in writing signed by
such officer or manager setting forth whether the Maintenance Assessment or Special
Aaaeasment tor which such Owner is responsible hoe been paid, and, it not paid, the
outstanding amount due and owing, together with all tines, accrued interest and
other penalty charges. Such certificate shall be conclusive evidence against all
but such Owner of payment of any Maintenance Assessment or Special Aaaeasment
stated therein to have been paid.
5.2 Purpose ot.Naintenance Assessments. Maintenance Assesoments and Special
Assessments levied by the Association shall be uned exclusively to promote the
recreation, health, safety and welfare ot the Owners and occupants of the Pebble
Creek Development, and tor the Improvements. maintenance and operation ot the Common
Area. Maintenance Assessments levied by the Association for each fiscal year shall
be adequate to finance the operations and activities of the Association, to
satisfactorily maintain the Common Area, and to establish and maintain adequate
repair and replacement services. The use of the Maintenance Fund for any of these
purposes is permissive and not mandatory. It is understood that the judgment of the '
Association as to the expenditure of said funds shall be final and conclusive so
Iowan such judgment is exercised in good faith
5.3 Basis and Maximum of Haintenanee „Aeaessmept. Until January 1st of the
yoar im ediately following the conveyance of the first Lot or Unit to an Owner, the
maximum annual Maintenance Assessment shall be 8200.00 per Lot or Unit.
A. Prom and after January 1 of the year immediately following the
conveyance of the first Lot or Unit of an Owner, the maximum annual Maintenance
Assessment may be increased effective January 1 of each year without a vote of the
membership by the greater of (i) ten percent (10%) per year over the previous year
or (ii) the percentage increase, it any, for the one year period ending an the first
day of the preceding July in tho Consumer Price Index (For All Urban Consumers(CPI-
V). U.B. City Average. All Items 1982 -84 e 100), or its successor index. If no
successor index exists, then the Board may select a comparable index.
B. From and after January let ot the year immediately following the
conveyance of the first Lot or Unit to an Owner, the maximum annual Maintenance
Assessment for the succeeding year may be increased above that established by the
greater of ten percent (1O%) per annum or the Consumer Price Index formula by a vote
ot the Members, provided that any such change shall have the assent of two - thirds
(2 /3rde) of the votes of each class of Hembara who are voting in person or by proxy,
at a meeting duly called for this purpooe. Such Members may vote to increase the
maximum Maintenance Assessment for up to a two (2) year period. The limitations
hereof shall not apply to any change in the maximum and basin of tho Maintenance
Assessment undertaken as an incident to a merger or consolidation in which the
Association is authorised to participate under its Articles of Incorporation.
C. After consideration of current maintenance costa and future needs of
the Association, the Board may fix the annual Maintenance Aaaeasment at an amount
not in excess of the maximum hereinabove provided for. Subject to the provisions of
this Section 5.3, if the Board levies a Maintenance Assessment in an amount leas
than the maximum amount for any calendar year, the Board by majority vote may
thereafter levy one or more supplemental Maintenance Assessments during such
calendar year if it determines that the "Functions” (as hereinafter defined) cannot
be funded by such leaser Maintenance Assessment. In no event shall the sum of the
initial and supplemental Maintenance Assessments for any calendar year exceed the
maximum Maintenance Assessment permitted tor that calendar year.
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D. The right to increase the Maintenance Assessment to the maximum amount
shall be cumulative. By way of explanation, if the Maintenance Assessment is not
! increased to the maximum permitted amount for any given year, nevertheless, for
purposes of determining the maximum Maintenance Assessment for subsequent years,
such determination shall be made on the assumption that the Maintenance Assessment
for all previous years was increased to the maximum permitted amount.
5.4 Special.. Assessments ,for.gapital_Improv_egants. In addition to the
Maintenance Assessment outlined above, there may be levied, assessed or charged
against each Lot or Unit, by the Board and in favor of the Association, in any
assessment year, a Special Assessment applicable to that year only (and for the
following year only if approved by the Members as hereinafter provided) only for the
purpose of defraying, in whole or in part, the cost of any repair or replacement of
capital improvements comprising part of the Common Area, including , without
limitations, fixtures and movable property related thereto, or any other major •
unanticipated cost incurred by the Association, provided that any such assessment
shall have the assent of two- thirds (2 /3rds1 of the votes of each class of Members
voting in person or by proxy at a meeting duly called for that purpose, after
notice. and with a quorum, all as provided in Section 5,5. Prom and after January
1, 2010, a spacial assessment also may be imposed by the Board, in favor of the
Association, in any assessment year for the cost of any construction or
reconstruction of capital improvements comprising part of the Common Area,
including, without limitation, fixtures and movable property related thereto.
5.5 Meet lg,_Notice_and..Qgpcu,!. Written notice (sent by regular U.S. mail,
postage prepaid) of any Members meeting called for the purpose of taking any action
authorised under Section 5.3 and 5.4 shall be provided to the Members no leas than
fifteen (15) days or more than aixty (60) days in advance of the meeting. At the
first such meeting called, the presence in person or by proxy of Members entitled to
cast fifty percent (50%) of all the votes of each class ot membership shall
constitute a quorum. If the required quorum is not present, one or more subsequent
meetings may be called subject to the same notice requirement, and the required
quorum at any subsequent meeting shall be one -half of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60)
daya following the preceding meeting.
5.6 Unitorm.Rate.of,Aseeaaments. Maintenance Assessments and Special
Assessments shall be fixed at a unitorm rate for all Lots and Units except
assessments on Commercial Property shall be made in accordance with Section 5.1A, •
and assessments on Country Club Land shall be as specified below. During each
calendar year. the Country club shall be liable to pay Maintenance Assessments and
Special Assessments at a rate equal to ten percent (10%) of the rate applicable to
Lots and Units, based upon the total membership units, regardless of membership
classification, on the membership rolls ot the Country Club as of January 1 of such
calendar year, such membership rolls to be certified to the Association by the
President or any Vice President ot the Country Club. 1
5.7 Commencement of Maintenance Assessments. The Maintenance Assessments
levied herein shall become effective as to all assessed Lots and Units and the
Country Club Land on the first day of each month following the conveyance of the
first Lot or Unit to a Class A or C Member. The initial Maintenance Assessment
shall be adjusted according to the number of months remaining after such effective
date in the calendar year in which such effective date falls. The Board shall fix
the amount of the Maintenance Assessment and any Special Assessment against each
Lot, Unit and Country Club Land at least thirty (30) days in advance of each
assessment period. Notice of an assessment shall be provided to the Owners and
Country Club subject thereto at least thirty (30) days before the date on which
payment of the Maintenance Assessments (whether annual, semi- annual quarterly or
monthly) shall be established by the Board. However, failure by the Board to fix
the Maintenance Assessment or Special Assessment for any year shall not he deemed a
waiver with respect to any of the provisions of this Declaration or a release of the
liability
of any Member to pay such Maintenance Assessment or Special Assessment or
any installment thereof, for that or any subsequent year. In the event of such
failure b the Board each Owner shall continue to the Maintenance Assessment
Y pay
established for the previous year until the new Maintenance Assessment is
established. The new Maintenance Assessment established by the Board shall be
applied retroactively to the commencement of the then current assessment year, and
the deficit, if any, shall be paid within thirty (30) days after receipt of a
statement therefor.
15.8 Declarant Y.pluntax .Qootrihlttionsl, Notwithstanding anything contained
herein to the contrary. the Declarant shall not be required to pay the assessment on
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any Lots or Unite owned by the Declarant: but in the event that a deficit may exist
between the Maintenance Assessments and Special Asaesamenta and the annual budget of
the Association. the Declarant may elect (but shell not be obligated) to fund such
deficit with a non - refundable contribution to the Association.
5.9 N.onpayment_of.ilsaeasments. Non -use of Common Area by the Country Club or
Owner or occupant of a Lot or Unit assessed, or abandonment of a Lot or Unit
assessed shall not relieve such Country Club Land, Lot or Unit from liability for
the;Maintenance Assessment, Special Assessment or any other assessment imposed
pursuant to this Article 5.
5.10 Subordination of the Lien. The liens granted herein and the superior
title herein reserved to secure any Maintenance Assessment, Special Asaeaament,
Reimbursement Assessment or any other charge or assessment provided for heroin shall
be deemed subordinated to any vendor's lien or the lien of any purohaoe money,
construction mortgage and /or second mortgage on the assessed Lot or Unit or Country
Club Land. as applicable, and any renewal, extension, rearrangement or refinancing
thereof.
Each such mortgagee of a mortgage encumbering a Lot, Unit or Country Club
Land who obtains title to such Lot, Unit or Country Club Land pursuant to the
remedies provided in the Deed of Trust or Mortgage, by Judicial foreclosure or by
deed in lieu of foreclosure shall take title to such property free and clear of any
claims for unpaid Maintenance Asaesamenta, Special Assessments. Reimbursement
Assessment or any other charge or assessment provided for herein which accrued prior
to the time such holder acquires title to such property. No such sale or transfer
shall release such holder acquiring title to such property from liability for any
Maintenance Assessment. Special Assessment, Reimbursement Assessment, or any other
charge or assessment provided for herein thereafter becoming due or from the liens
hereof. Any other sale or transfer of a Lot, Unit or Country Club Land shall not
affect the Association's liens created herein for assessments and charges.
5.11 Exempt Property. The following property subject to this Declaration
shall be exempt from the Maintenance Assessments and all other charges and
assessments created herein:
(a) All properties dedicated to and accepted by a local public
authority:
(b) The Common Area and Community Common Elements: and
(c) All properties owned by a charitable or non - profit organization
(other than the Country Club) exempt tram taxation by the laws of the State of
Texas. however, no land or Improvements devoted to dwelling use shall be exempt from
said'Maintenance Assessments or other charges and assessments.
6. ARCHITECTURAL CONTROL
6.1 Basic Control.
A. No building or other Improvements ot any character shall be erected or
placed, or the erection or placing thereof commenced, or changes made in the design
or exterior appearance thereat (including, without limitation, painting, staining or
siding), or any addition or exterior alteration made thereto after original
construction, or demolition or alteration by voluntary action made thereto after
original construction, on any land within the Pebble Creek Development, including,
without limitation, the Common Area and Community Common Elements, until the
obtaining of the necessary approval (as hereinafter provided) from the
"Architectural Committee" (as hereinafter defined) of the construction plans and
specifications for the construction or alteration of such Improvements or demolition
or destruction of existing Improvements by voluntary action. Approval shall be
granted or withheld based on matters of compliance with the arovisions of this
Declaration and any Supplementary Declaration, quality and color ot materials,
drainage, harmony of external design and color with existing and proposed atructuroa
and location with respect to topography and finished grade elevation, no as to (i)
promote those qualities of the environment which enhance the value of the Lots and
Units in the Pebble Creek Development, (ii) tooter the attractiveness and tunctional
utility of the Pebble Creek Development as a place to live and work, and (iii)
foster a harmonious relationship among structurea, vegetation and topography and the
overall design of the Pebble Creek Development.
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B. In making its decision as to any Improvements or alterations, the
Architectural Committee shall consider the following design standards: (i) validity
of the design concept; (ii) effect on landscape and environment; (iii)
relationship of structures and open spaces; (ivl protection of neighbors and the
golf course with respect to access, drainage, sound and sight buffers, preservation
of views and landscaping during and after completion of construction of the
Improvements: (v) design compatibility with respect to scale, materials, color and
construction details; (vi) quality ot workmanship; and (vii) construction
timetable.
C. Each application made to the Architectural Committee shall be
accompanied by two sets of plans and specifications for all proposed construction
(initial or alterations) to be done on such Lot or other land within the Pebble
Creek Development, including the drainage plan for the Lot or other land within the
Pebble Creek Development. plot plan showing the location and elevation of the •
Improvements on the Lot or other land within the Pebble Creek Development and
dimensions of all proposed walkways, driveways, and all other matters as may be
requested by the Architectural Committee relevant to architectural approval. The
address of the Architectural Committee shall be the address of the principal office
of the Association.
D. All approvals of the Architectural Committee shall be in writing.
6.2 Architectural Con1:.r21.Cgmmtttee.
A. The authority to grant or withhold architectural control approval as
referred to above is vested in the Architectural Control Committee (sometimes herein
referred to as the "Architectural Committee") for the Pebble Creek Development, 1
which will be selected by the Declarant until the Control Transfer Date. The
Architectural Committee shall be composed of not less than three (3) nor more than
Live (5) members. Prior to the Control Transfer Date, it is not necessary for the
Architectural Committee to be composed of any Owners of property in some section of
the Pebble Creek Development. The authority of the Declarant to select the
Architectural Committee shall cease and terminate upon the occurrence of the Control
Transfer Date, in which event such authority shall be vested in and exercised by the
Architectural Committee elected by the Members from and after the date of their
election (as provided in 181 below), hereinafter referred to, except as to plans and
specifications and plot plans theretofore submitted to the Architectural Committee
as to which the Declarant. in the name ot the Architectural Committee, shall
exercise such architectural authority over all such plans, specifications and plot
plans. Additionally, until the election of the members of Architectural Committee
by the Members of the Association as provided in this Section 6,2. the members of
the;Architectural Committee selected by the Declarant shall continue to exercise
architectural control authority.
B. Upon the occurrence of the Control Transfer Date, the Declarant shall cause
a statement of such circumstances to be placed of record in the office of the County
Clerk of Brazos County, Texas (which statement shall include the Control Transfer
Date). The Declarant shall be obligated to arrange for the holding of such election
by the Members within sixty (60) days following the filing of the aforesaid
statement and to give notice of the time and place of such election (which shall be
in Brazos County, Texas) not leas than thirty (30) days prior to the holding
thereof. Thereupon, the owners by vote, as hereinafter provided. shall elect the
Architectural Committee. From and after the Control Transfer Date, at least a
malority of the members of the Architectural Committee elected by the Members of the
Association must be an Owner of property in some section of the Pebble Creek
Development. Each Owner shall be entitled to one (1) vote for each whole Lot or
Unit owned by that Owner. In the case of any building site composed of more than
one'(1) whole Lot, such building site Owner shall be entitled to one (1) vote for
each whole Lot contained within such building site. The Country Club and Declarant
also shall be entitled to vote for the election of Architectural Committee members
in accordance with the provisions of Section 3.2.
C. Additionally, the Declarant shall have the right to discontinue the exercise
ot architectural control privileges and arrange for the election by the Bombers at
any time prior to the Control Transfer Date by filing a statement to such effect in
the Otfice of the County Clerk of Brazos County, Texas.
D. For the initial election, votes of the Members, including the Country Club
and Declarant, shall be evidenced by written ballot furnished by the Declarant (and
by the Board for election subsequent to the initial election). The Declarant and /or
the Board may elect to conduct such election by mail. The Board shall maintain said
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ballots es a permanent record of such election for a period of not leas than three
(3) years atter such election. Any Member may appoint a proxy to cast his ballot in
such election. provided that his written appointment of such proxy is attached to
the ballot as a part thereof. The Architectural Committee members initially elected
by the Members. as aforesaid, shall serve a two (2) year term. Thereafter. the
Board shall determine the length ot the term ot said Architectural Committee
members, which in no event shall be leas than one (1) year or more than two (2)
years.
The results ot each such election shall promptly be determined on the baste of a
plurality vote of those Members voting in such election. The results of any such
election and ot any removal or replacement ot any member of the Architectural
Committee may be evidenced by the recording of an appropriate instrument properly
signed and acknowledged on behalf ot the Declarant or by a majority of the Board. •
B. After the first such election shall have been held, the Board thereafter
shall be obligated to arrange for elections (in the manner and after notice as set
forth above), including elections requested in writing by fifty (501 or more Class A
and /or C Members to remove a member ot the Architectural Committee. Ho member of
the Architectural Committee may be removed except upon a majority vote (voting in
favor of removing said Architectural Committee member) of those voting in an
election called for said purpose.
F. Upon the death. resignation, refusal, or inability of any member of the
Architectural Committee to serve, the Board, by majority vote, shall fill the
vacancy by appointment, and the person appointed shall complete the unexpired term
of his predecessor.
0. It the Board should tail or refuse to take any action herein provided to be
taken by the Board with respect to setting elections. conducting elections, counting
votes. determining results and evidencing such results, or naming successor
Architectural Committee members, and such failure or refusal continues for a period
which is unreasonably long (in the exclusive judgment ot the Declarant), then the
Declarant may validly pertorm such function.
H. The members ot the Architectural Committee shall be entitled to such
compensation tor services rendered and tor reasonable expenses incurred as may. tram
time to time. be authorized or approved by the Association, and shall be entitled to
retain architects, engineers and contractors on a fee basis to assist the
Architectural Committee in reviewing plane and specifications and inspecting Lots
and Improvements. All such sums payable as compensation and /or reimbursement shall
be payable only out of the Maintenance Fund.
6.3 Meet ot Inaction. Approval or disapproval as to architectural control
matters as set torth in the preceding provisions shall be in writing. In the event
that' the Architectural Committee fails to approve or disapprove in writing any plans
and specifications and plate received by it in compliance with the preceding
provisions within thirty (30) days following such submission. such plans and
apacifications and plot plan shall be deemed approved and the construction of any
such building and other improvements may be commenced and proceeded with in
compliance with all such plans and specifications and plot plan and all of the other
terms and provisions hereof; provided, however, that no such deemed approval shall
operate to permit any owner to construct or maintain any Improvement that violates
any provision of this Declaration or any Supplementary Declaration, the
Architectural Committee at all times retaining their right to object to any
Improvement that violates this Declaration or any Supplementary Declaration.
6.4 _Bftect_,of,.Approxpl. The granting of the aforesaid approval (whether in
writing or by lapse ot time) shall constitute only an expression of opinion by the
Architectural Committee that the terms and provisions hereof shall be complied with
it the building and /or other Improvements are erected in accordance with said plane
and specifications and plot plan; and such approval shall not constitute any nature
ot waiver or estoppel either as to the persons expressing such approval or any other
person in the event that such building and /or Improvements are not constructed in
accordance with such plane and specifications and plot plan or in the event that
such building and /or Improvements are constructed in accordance with such plane and
specifications and plot plan, but, nevertheless, tail to comply with the provisions
hereof.
Upon approval of the Owner's plane and specifications, no further approval
• under this Article 6 shall be required with respect thereto, unless such
construction has not substantially commenced within ninety (90) days ot the approval
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' of such plans and specifications (e.g. clearing and grading, pouring of footings,
eta.), such plans and specifications are materially altered or changed during the
construction of the Improvements or the Improvements are not constructed in
accordance with the approved plans and specifications. Once n construction has
commenced, construction aball be prosecuted diligently until completion, which shall
occur not more than one (1) year following the commencement of construction,
subject to delays ( "Excused Delays ") caused by events beyond the reasonable control
of the Owner. During the construction process, the Owner shall not permit delays,
other than Excused Delays. of more than forty -five (45) consecutive days.
6.5. Nlinimmg Cpnekrur inn_litgpdpSds;,-Ipepeetipon. The Architectural Committee
may from time to time promulgate an outline ot minimum acceptable construction
standards; provided, however, that such outline will serve as a minimum guideline
only and such Architectural Committee shall not be bound thereby. In order to
control the quality of construction and to reasonably insure that all residential
construction (including the construction of the residence and all other Improvements
on the Lot) are constructed in accordance with (a) the Plat, (b) this Declaration,
(c) Brazos County and other governmental regulation, (d) minimum acceptable
construction standards as promulgated from time to time by the Architectural
Committee, and (e) Architectural Committee regulations and requirements, the
Architectural Committee may conduct certain building inspections and the Owner, in
the construction of all Improvements shall hereby be subject to such building
inspections and building inspection policies and procedures as established from time
to time by the Architectural Committee. A fee (subject to change from time to time
by action of the Architectural Committee) may be paid by all Owners to the
Architectural Committee prior to architectural approval, or at such other time as
designated by the Architectural Committee. to defray the expense of such building
inspections and reinspections.
6.6. Variances.. The Architectural Committee may authorise variances trop
compliance with any provisions of the Declaration (except tor the provisions
relating to residential use) or minimum, acceptable construction standards or
regulations and requirements as promulgated trop time to time by the Architectural
Committee, when circumstances such as topography, natural obstructions, hardship,
aesthetic or environmental considerations may require a variance. Such variances
must be evidenced in writing and shall become effective when signed by the Declarant
or by at least a maiority of the members of the Architectural Committee. It any
such variances are granted, no violation of the provisions of this Declaration shall
be deemed to have occurred with respect to the matter for which the variance is
granted; provided, however, that the granting of a variance shall not operate to
waive any of the provisions of the Declaration for any purpose except as to the
particular property and particular provisions hereof covered by the variance, nor
shall the granting of any variance affect in any way the Owner's obligation to
comply with all governmental laws and regulations affecting the property concerned
and the Plat.
6.7. netices gf FpmDleti md..l(ofpempliance. Each Owner shall send a written
notice of the completion ( "Notice of Completion ") of such Owner's construction of
Improvements to the Architectural Committee and to the Association within fifteen
(15) days atter completion of such Owner's construction. If, as a result of
inspections or otherwise. the Architectural Committee, at any time following the
commencement of construction of Improvements, finds that any construction (a) has
been done without obtaining the approval of the Architectural Committee, (b) was not
done in conformity with the approved plans and specifications and plot plan or (c)
is not being prosecuted in the manner required by this Declaration and applicable
construction guidelines. the Architectural Committee shall notify the Owner in
writing of the noncompliance. which notice ( "Notice of Noncompliance ") shall be
given, in any event, within sixty (60) days after the Architectural Committee
receives a Notice of Completion. The Notice of Noncompliance shall specify the
particulars of the noncompliance and shall require the Owner to take such action as
maybe necessary to remedy the noncompliance. If for any reason other than Owner's
act:or neglect, the Architectural Committee tails to notify the Owner of any
noncompliance within sixty (60) days after receipt by the Architectural Committee
and;tbe Association of the Notice of Completion, the Improvements constructed by
such Owner on the Lot, Unit or other land within the Pebble Creek Development shall
be deemed in compliance with plans and specifications approved by the Architectural
Committee if such Improvements were, in fact, completed as of the date of the Notice
of Completion. If, however. the Architectural Committee issues a Notice ot
Noncompliance, the Owner shall commence to correct the noncompliance without delay.
If the Owner does not correct the noncompliance with forty -five (45) days after
receipt of the Notice of Noncompliance or commence, within ten (10) days after
receipt of the Notice of Noncompliance, the correction of such noncompliance in the
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case of a noncompliance which cannot reasonably be expected to be corrected within
forty -five (45) dave (provided that such owner diligently continues the removal ot
such noncompliance) the Board may, at its option, record a Notice of Noncompliance
against the Lot. Unit or other land within the Pebble Creek Development on which the
non: compliance exists. and /or may otherwise remove or correct such non - compliances
(including, without limitation, removing any Improvements which are not completed
within one (1) year following the commencement of construction, subject to Excused
Delays, and any such action by the Board or by representatives of the Board, shall
not constitute trespass, conversion or otherwise result in the imposition of
liability against the Architectural Committee, Board or designated representative of
thelloard who removed such Improvements) and the Owner shall reimburse the
Association, upon demand. for all expenses incurred wherewith, which reimbursement
obligation shall constitute a Reimbursement Assessment and shall be in addition to
all!other rights and remedies which the Board may have at law, in equity, or under
this Declaration to cure such noncompliance,
•
6.8. MP I_W81.v4JL4x. ttOPk41.. No action or failure to act by the
Architectural Committee or by the Board shall constitute a waiver or estoppel with
respect to future action by the Architectural Committee or Board with respect to the
construction of any Improvements within the Pebble Creek Development. Specifically.
the 'approval by the Architectural Committee or Board of any such construction shall
not be deemed a waiver ot any right or an estoppel to withhold approval or consent
for any similar construction or any similar proposals, plane, specifications or
other materiels submitted with respect to any other construction by such Person or
other Owners.
6.9. Disclaimer. No approval of plans and specifications and no publication
or designation of architectural standards shall ever be construed as representing or
implying that such Plans, apeciticatlons or standards will result in a properly
designed structure or satiety any legal requirements. No person exercising any
Prerogative ot approval or disapproval shall incur any liability by reason of the
good;taith exercise thereof. Further. neither Declarant, the Association nor the
Architectural Committee shall be responsible or liable tor any defects in any plane
and specifications submitted, revised, or approved pursuant to the terms ot this
Article 6, any loss or damage to any person arising out ot the approval or
disapproval ot any plena or specifications, any lose or damage arising from the non-
compliance of such plans and specifications with any governmental ordinances and
regulations. nor any detects in construction undertaken pursuant to such approved
Plans and specifications,
6.10 . inspection gt_Hork. Notwithstanding anything contained herein to the
contrary, the Architectural Committee or its duly authorised representative shall
have;the right to inspect any Improvement before or after completion, provided that
the right of inspection shall terminate sixty (60) days after the Architectural
Committee shall have received a Notice of Completion from the Owner.
7. pRCI, ARANT 'e,_RLONTO.AND_.RE$RR,VAT.IQIii
1 7.1 Peripd oZ_ DeAterpnt 'a_Rights,..110d_Rg@ertt010ne. Declarant shall have.
retain and reserve certain rights as hereinafter set forth with respect to the
Association and the Common Area from the date hereof, until the earlier to occur of
(i) the Control Transter Date or (ii) Declarant's written notice to the Association
of Deelarant's termination of the rights described in Article 7 hereof. The rights
and reservations hereinafter set forth shall be deemed excepted and reserved in each
conveyance of land by Declarant to an Owner whether or not specifically stated
therein and in each deed or other inetrument by which any land within the Common
Area is conveyed by Declarant, The right:), reservations and easements hereinafter
set forth shall be prior and superior to any other provisions of the Declaration and
may not. without Declarant's prior written consent, be modified, amended, rescinded
or attected by any amendment ot the Declaration. Declarant's consent to any ono
such amendment shall not be construed as consent to any other or subsequent
amendment,
7.2 Right tp_Conatruct Add..i.ti4Da1._IlpproyeM.ente ,in_QQmtnon..Aiea. Declarant
abell :have and hereby reserves the right (without the consent of any other owner,
the Association or any Community Association), but shall not be obligated, to
construct additional Improvements within the Common Area at any time and from time
to tips in accordance with this Declaration for the Improvement and enhancement
hereof and for the benefit ot the Association and Owners. Declarant shall convey or
transfer such Improvements to the Association and the Association shall be obligated
to accept title to, care for and maintain the same as elsewhere provided in this
Declaration.
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7.3 Dec1•pranfle_Righte_touse ConyppA _ i�P . rg;gg qp ond_MRyk.pting_oLthq
ps0.10.Gxgek_netels;pmejtt gntl_Arnesaltlejmnii. Declarant shall have and hereby
reserves the right to reasonable use of the Common Area and of serviced offered by
the Association in connection with Declarant's promotion and marketing of land
within the boundaries of the Pebble Creek Development and Annexable Land. Without
limiting the generality of the foregoing, Declarant may erect and maintain on any
part of the Common Area such signs. temporary buildings and other structures as
Declarant may reasonably deem necessary or proper in connection with the promotion,
development and marketing of land within the Pebble Creek Development and Annexable
Land; may use vehicles and equipment within the Common Area for promotional
purposes; and may permit prospective purchasers of property within the boundaries of
theiPebble Creek Development and Annexable Land, who are not Owners or Members of
thelAseociation, to use the Common Area at reasonable times and in reasonable
numbers; and may refer to the services offered by the Association in connection with
the development, promotion and marketing of the Pebble Creek Development and
Annexable Land.
7.4 Deglarant_'e Rights_s4.1cgmpiefO Revel ement_gt_.the Pe)2bl.e.CropJt
Development. No provision of this Declaration shall be construed to prevent or
limit Declarant's right (or require Declarant to obtain any approval) to (i)
complete development of the real property within the boundaries of the Pebble Creek
Development and Annexable Land; (ii) construct, alter, demolish or replace
Improvements on any real property owned by Declarant within the Pebble Creek
Development or Annexable Land; (iii) maintain model homes, storage areas, offices
for construction, initial sales, resales or leasing purposes or similar facilities
on any property owned by Declarant or owned by the Association within the Pebble
Creek Development; (iv) post signs incidental to development, construction,
promotion, marketing. sales or leasing of property within the Pebble Creek
Development and Annexable Land; (v) excavate, cut, fill or grade any property owned
by Declarant; or (vi) require Declarant to seek or obtain the approval of the
Architectural Committee or of the Association for any such activity or Improvement
to property by Declarant on any property owned by Declarant. Nothing in this
Article 7 shall limit the reserved rights of Declarant as elsewhere provided in the
Declaration. •
7.5 DecisrnatIqjightp_tajant_ankgreate Easements. Declarant shall have
and hereby reserves the right, without the consent of any other Owner of the
Association, to use the streets and roads for access throughout the Pebble Creek
Development and to grant or create temporary or permanent easements for access,
utilities, pipelines, cable television systems, communication and security systems,
drainage. water and other purposes incident to the development, sale, operation and
maintenance of the property within the Pebble Creek Development, located in, on,
under, over and across (i) the Lots or other property owned by Declarant, (ii) the
Common Area. and (iii) existing utility easements.
7.6 Decl ;grit's_ Sights _tg_Sgnvvv_kiditiQnal_C9mmOn errant g�he
Association. Declarant shall have and hereby reserves the right, but shall not be
obligated to. convey additional real property and Improvements thereon, if any, to
the Association as Common Area at any time and from time to time in accordance with
this Declaration, without the consent of any other Owner or the Association.
e. DUTIEB,)IND.POWER8 OF.TME._7(SSOCIA.TION.
8.1 Oeneral_Duties and,Powers of Association. The Association has been
formed to further the common interests of the Members. The Association, acting
through the Board or through persona to whom the Board has delegated such powers
(and dubiect to the provisions of the By- Laws), shall have the duties and powers
hereinafter set forth and, in general. the power to do anything that may be
necessary or desirable to further the common interests of the Members, to maintain,
improve and enhance the Common Area and to improve and enhance the attractiveness,
desirability and safety of the Pebble Creak Development and any portion of the
Annexable Land which becomes subject to the jurisdiction of the Aaaociation. The
Aaaociation shall have the authority to act as the agent and attorney -in -fact for
all Members of the Association and to enter into any and all contracts an behalf of
the Members in order to carry out the duties, powers end obligations of the
Association as set forth in this Declaration.
8!2 Duty tq Accept the Pebble Creek Development and Facilities Transferred by
Dggierint. The Association shall accept title to any property, including any
Improvements thereon and personal property transferred to the Association by
Declarant, and equipment related thereto together with the responsibility to perform
vol 12 ?5rwO18
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any and all administrative and maintenance functions and recreation functions
associated therewith (collectively herein referred to as "Functions "), provided that
such property and Functions are not inconsistent with the terms of this Declaration.
Property interests transferred to the Association by Declarant may include tee
simple title, easements. leasehold interests and licenses to use such property. Any
property or interest in property transferred to the Association by Declarant shall
be within the boundaries of the Pebble Creek Development or Annexable Land. Any
property or interest in property transferred to the Association by Declarant shall,
except to the extent otherwise specifically approved by resolution of the Board, be
transferred to the Association tree and clear of all liens and mortgagee (other than
the lien for property taxes and assessments not then due and payable), but shall be
subject to the terms of this Declaration. the terms of any Supplementary Declaration
annexing such property to the Association, and all easements, covenants, conditions,
restrictions and other encumbrances which do not materially affect the use and
enjoyment of such property by the Association or by the owners authorised to use
such property. Except as otherwise specifically approved by resolution of the
Board, no property or interest in property transferred to the Association by the
Declarant shall impose upon the Association any obligation to make monetary to
Declarant or any affiliate of Declarant including, but not limited to, any payments
to purchase price, rent, charge or tee.
'8.3 Duty to Hanage and,Care tor the Common Area. The Association shall
manage, operate, care tor. maintain and repair all Common Area and keen the same in
a sate, attractive and desirable condition tor the use and enjoyment ot the Members.
The duty to operate, manage and maintain the Common Area may or may not include the
followings establishment, operation and maintenance ot a guardhouse and /or security
patrol for the Pebble Creek Development: operate recreational facilities;
landscaping (including the installation and maintenance of a sprinkler system);
maintenance, repair and replacement of any private roads and private streets (if
any). roadside ditches and culverts. culvert pipes underneath streets, bridges.
traffic control Improvements (traffic signals and street lights); maintenance and
operation of any lakes: and mewing ot street right -ot -ways and roadside ditches and
other portions of the Pebble Creek Development.
8.4 D,utg.tpJ y pxp.. The Association shall pay all taxes and assessments
levied upon the Common Area and shall have the right to contest any such taxes or
easements provided that the Association shall contest the same by appropriate
legal proceedings which shall have the effect of preventing the collection of the
tax or assessment or the foreclosure of any lien for such tax or assessment, and
provided that the Association shall keep and hold sufficient funds to pay and
discharge the taxes and assessments, together with any interest and penalties which
may accrue with respect thereto, it the contest ot such taxes is unsuccesstul.
8.5 Duty to Maintain.casualty.Insurance. The Association ahall obtain and
keen in full torte and effect at all times, to the extent reasonably obtainable,
casualty, tire and extended coverage insurance with respect to all insurable
Improvements and personal property owned by the Association, including coverage for
vandalism and malicious mischief and, if available and it deemed appropriate,
coverage for flood, earthquake and war risk. Casualty, fire and extended coverage
insurance with respect to insurable Improvements shell, to the extent reasonably
obtainable, be tor the toll insurable value based on current replacement coat.
8.6 Disbursement ot Proceeds. Proceeds ot insurance policies shall be used to
replace, repair or reconstruct damaged portions of the Common Area. Any proceeds
remaining after detrayinq such costs of repairs, replacement or reconstruction of
the Common Area shall be retained by and tor the benefit of the Association. Thia
Is a covenant for the benefit ot any mortgagee of a Lot and may be enforced by such
mortgagee.
8.7 Qgmpgp gnd.Dpsttggtipn. Immediately after the damage or destruction by
fire or other casualty to all or any part ot the Common Area covered by insurance
written in the name of the Association, the Board or its duly authorised agent shall
proceed with the filing and adjustment of all claima arising under such insurance
and obtain reliable and detailed estimates for the cost of repair or reconstruction
of the damaged or deatroyed property. Repair or reconstruction as used in this
Section 8.7, means repairing or restoring the damaged or destroyed property
to substantially the same condition in which it existed prior to the fire or other
casualty.
8.8 Repeirc_Re10444m4nt_ gpd.EWPS.tZ ASIIIn. If the damage or destruction for
which the insurance proceeds are paid is to be repaired, replaced or reconstructed
and auoh proceeds are not sufficient to defray the coat thereof, the Board shall,
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without the necessity of a vote of the Members. levy a Special Assessment against
all .owners in proportion to the number of Lots owned by such Owners. Additional
• assessments may be made in like manner at any time during or following the
completion of any repair or reconstruction. if the funds available tram said
Special Assessment exceed the cost of such repair, replacement or reconstruction,
such excess shall be deposited for the benetit of the Association.
8.9 ppty_ t9, 1laipxaiq _,1a111_tity_tnkuuapce. The Association shall obtain and
keep in full force and effect at all times, to the extent reasonably obtainable,
broad form comprehensive liability insurance covering public liability for bodily
injury and property damage including. but not limited to, public liability for
bodily injury and property damage arising as a result of the ownership and operation
of motor vehicles.
8.10 Oeggrp), Provisions_Reapegtipgjgeurenen. Insurance obtained by the
Association may contain such deductible provisions as good business practice may
dictate. Insurance obtained by the Association shall, to the extent reasonably
possible without undue cost. contain a waiver of rights of subrogation as against
the Association, each Member and any person claiming by, through or under such
Member and as against any officer, director, agent or employee of any of the
foregoing. Insurance obtained by the Association shall, to the extent reasonably
possible, and provided Declarant reimburses the Association for any additional
premium payable on account thereof. name Declarant as an additional insured and
shall contain a waiver of rights of subrogation as against Declarant. Insurance
policies and insurance coverage shall be reviewed at least annually by the Board to
ascertain whether coverage under the policies is sufficient in the light of the
current values of the Common Area and in light of the possible or potential
liabilities of the Association. Casualty, fire and extended coverage insurance may
be provided under blanket policies covering the Common Area and other property of •
Declarant.
8.11 Ot)ler,.Ins_yrnn_ce and Bonds,. The Association shall obtain such other
insurance as may be required by law, including workmen's compensation insurance, and
shall have the power to obtain director's insurance and such other insurance and • •
such fidelity, indemnity or other bonds as the Association shall deem necessary or
desirable.
' 8.12 DRtY.tp_PregaSQ_Bgdgets. The Association shall prepare budgets for the
Association, which budgets shall include a reserve fund for the maintenance of all
Common Area.
8.13 DULY. to. Leyy, aqdAO. llont _PeP.a,_Chargem_end_Aeg@sAmepta. The Association
shall levy. collect and enforce the Maintenance Assessments, Special Assessments,
and other charges and assessments as elsewhere provided in the Declaration.
8.14 Power_to Acquire Property .and,gonstructIptprovemente. The Association
may acquire property or an interest in property (including leases) for the common
benefit of Owners including Improvements and personal property. The Association may
construct Improvements on the Property and may demolish existing Improvements.
8.15 Power Adopt_Rules.and_Regy)etions. The Association may adopt, amend.
repeal and enforce rules and regulation ( "Rules and Regulations "), fines. levies
and enforcement provisions as may be deemed necessary or desirable with respect to
the interpretation and implementation of this Declaration. the operation of the
Association, the use and enjoyment of the Common Area and the use of any other
property within the Common Area, including Lots. Any such Rules and Regulations
• shall be reasonable and uniformly applied (as to all Owners, if applicable, and to
Owners of similarly restricted Lots). Such Rules and Regulations shall be effective
only,' adoption by resolution of the Board. Notice of the adoption, amendment or
repel of any Rule and Regulation shall be given by posting any such Rule or
Regulation tor thirty (30) days after the date of adoption in the Association
offine, and copies of the currently effective Rules and Regulation shall be made
available to each Member upon request and payment of the reasonable expense of
copying the same. Each Member shall comply with such Rules and Regulations and
shall see that such Member's "Related Users" (as hereinafter defined) comply with
such'Rules and Regulations. Such Rules and Regulations shall have the same force
and effect as if they were set forth in and were part of the Declaration. In the
event of conflict between the Rules and Regulations and the provisions of the
Declaration, the provisions of the Declaration shall prevail.
1 8.16 . Pgyer., to., Entorcejpptrictislnsnd .lgp_and_gegmlatipj D. The Association
or the Declarant (and any Owner with respect only to the remedies described in (ii)
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or (iii). below) shall have the power to enforce the provisions of this Declaration
and the Rules and Regulations and shall take such action as the Board deems
necessary or desirable to cause such compliance by each Member and each "Related
User" (defined herein as a Member's tenant, guest, invitee or contract purchraer
who occupies the Owner's Lot or Unit). Without limiting the generality of the
i foregoing, the Association shall have the power to enforce the provisions of the
Declaration and the Rules and Regulations of the Association by any one or more of
the following means: Ii) by entry upon any property within the Pebble Creek
Development after notice and hearing (unless a bona fide emergency exists in which
event this right of entry may be exercised without notice [written or oral] to the
owner in such manner as to avoid any unreasonable or unnecessary interference with
the lawful possession, use or enjoyment of the Improvements situated thereon by the
Owner or any other person), without liability by the Association to the Owner
thereof. tor the purpose of enforcement of this Declaration or the Rules and
Regulations: (ii) by commencing and maintaining actions and suits to restrain and
onioin any breach or threatened breach of the provisions ot this Declaration or the
Rules and Regulations. by mandatory injunction or otherwise; (iii) b
, ( i) y commencing and
maintaining actions and suits to recover damages tor breech of any of the provisions
of this Declaration or the Rules and Regulations; (iv) by exclusion, after notice
and4hearing, of any Member or Related Uaer from use of any recreation tacilitien
• within the Common Area during and for up to sixty (60) days following any breach of
• this Declaration or such Rules and Regulations by such Member or any Related User,
unless the breach is a continuing breach in which case such exclusion shall continue
for so long at such breach continues; (v) by suspension, after notice and hearing.
of the voting rights of a Member during and for up to sixty (60) days following any
breach by such Member or a Related Uaer of a provision ot the Declaration or auch
Rules and Regulations, unitise the breach is a continuing breach in which case such
suspension shall continue for so Tong as such breach continues; (vi) by levying and
collecting. atter notice and hearing, an assessment against any Member for breach of
this Declaration or auch Rules and Regulations by such Member or a Related Uaer
(which assessment reimburses the Association for the costs incurred by the
Association occasioned by the conduct of an Owner or by the tinnily. tenants, agents.
quests or invitees of any Owner), such assessment being hereinafter referred to as
the "Reimbursement Assessment; (vii) by levying and collecting, after notice and
hearing, reasonable and uniformly applied fines and penalties, established in
advance in the Rules and Regulations ot the Association. from any Member or Related
User ;for breach of this Declaration or such Rules and Regulations by such Member or
e Related Uaer; and (viii) by taking action itself to cure or abate such violation
and to charge the expenses thereof, if any, to such violating Members, plus
attorney's tees incurred by the Association with respect to exercising such remedy.
The Reimbursement Assessment provided for in this Section 8.16 shall be levied by
the Board and the payment thereof enforced in the same manner as the payment of
Maintenance Assessments.
Before the Board may invoke the remedies provided above, it shall give
registered notice of such alleged violation to Owner and afford the Owner a hearing,
as more particularly described in the By -Laws. It, atter the hearing, a violation
is found to exist. the Board's right to proceed with the listed remedies shall
become absolute. Each day a violation continues shall be deemed a separate
violation. Failure of the Association, the Declarant, or of any owner to take any
actieh upon any breach or default with respect to any ot the foregoing violations
shall not be deemed a waiver of their right to take enforcement action thereafter or
upon a subsequent breach or default.
8.17 Enwer_le_treving_POlig_hingtigns. The Association shall have the power,
but no obligation, to acquire, construct, operate, mange, maintain, repair and
replace utilities, and additional public facilities, and to provide other Functions
as more particularly described in this Declaration.
8.18 Rower,So. Pjoyide,$p.cjai„p viCes_to;_t(g:gbere. The Association shall
have the power, but no obligation, to provide services to a Member or group of
Members. Any service to a Member or group of Members shall be provided pursuant to
an agreement in writing, which shall provide for payment to the Association by such
Member or group of Members of the reasonably estimated costs and expensed of the
Association of providing such services, including its proportionate share of the
overhead expenses ot the Association and shall contain reasonable provisiona
assuring that the obligation to pay for such services shall be binding upon any
heirs; personal representatives, successors or assigns of the Member of group of
Members and that the payment for such services shall be secured by a lien on the
property of the Member or group of Members as provided tor in Article 5 of thin
Declaration. ,
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8.19 p_ow eagmenta. In addition to any blanket easements described
in this Declaration, the Association or the Declarant shall have the power to grant
access, utility, drainage, water facility and other such easements in, on, over. or
under the Common Area. Additionally, the Association, from and after the Control
facility and Date, t
thersimilareasem t access,
entsin, on, overa utility.
dunderthe portion of such Lots
within the restricted building setback area provided that such easements do not
unreasonably interfere with the Owners' use and enjoyment of such Lots.
8.20 polter_tip_gonVAL.And..Dedlcat.9—FIDPar.ti_toOolDrnMenLA9MDSAPe. The
Association or the Declarant shall have the power to grant, convey, dedicate or
transfer any Common Area (including private streets and roads) or facilities to any
public or governmental agency or authority for such purposes and subject to such
terms and conditions as the Association or the Declarant shall deem appropriate,
which power may be exercised (i) prior to the Control Transfer Date by the Board and
(ii) from and after the Control Transfer Date by the Association, with the approval
of not less then two - thirds (2 /3rds) of the Class A and C Members agreeing in
writing or by voting at any scheduled meeting of the Class A and C Members and with
the prior written approval of the Declarant. The Association or the Declarant may,
subject to the limitations of the preceding sentence, convey property to a public or
governmental agency or authority in Lieu of such property being condemned by such
public or governmental agency or authority.
8.21 Poper.to Bo ropJ(ppAL9ndAprtgage_R,o@mon Area. The Association, with
the prior written approval of the Declarant prior to the Control Transfer Date.
shall have the power to borrow money (including, without limitation, borrowing money
from Declarant) and to encumber the Common Area as security for such borrowing,
the
with, respect to n provided
approvaland d nto this such e action. With respect L to s any
deed;of trust encumbering the Common Area, the lender's rights thereunder shall be
to right, after
lender'sforeclosureofthe deed n of p trust, to charge h reaaso o nable e admission n and h other
teen as a condition to the continued enjoyment thereof by the Hembere, it necessary,
until the mortgage debt is satisfied, whereupon the exclusive possession of such
Common Area shall be returned to the Association.
•
8.22 Poger..to.EmployHanager. The Association shall have the power to retain
and pay for the services ot a manager or managers to undertake the management of any
of the Punctions for which the Association has responsibility under the Declaration
to the extent deemed advisable by the Association, and may delegate any ot its
duties, powers or functions to any such manager. Notwithstanding any delegation to
a manager ot any duties, powers or functions ot the Association, the Association and
its Board shall remain ultimately responsible for the performance and exercise of
such duties, powers and functions.
8.23 Powe, o_8ngage- Employees, Aeonte_and..Jopsultants. The Association shall
have the power to hire and discharge employees and agents and to retain and pay for
legal; accounting and other professional services as may be necessary or desirable
in connection with the performance of any duties or the exercise of any powers of
the Association under this Declaration.
8.29 tow o ApproYe,_Annexptigfi oc$erty, Each owner, by acceptance of a
Deed to a Lot or Unit, whether or not it shall be expressed in any such Deed or
other 'conveyance instrument, agrees that the Association, by and through the Board
has th'e power to represent all Owners within the Pebble Creek Development with
respect to annexation into the City of Collage Station, Texas, and execute any
instruments in connection with such annexation. Each Owner hereby expressly waives
auch Owner's right to oppose such annexation if approved by the Board.
8.25 9gnnrjl.(egipgrate Romero. The Association shall have all of the ordinary
powers and rights of a Texas nonprofit corporation formed under the Laws of the
•
State of Texas, including, without limitation. entering into partnership and other
agreements, subject only to such limitations upon such powers as may be sat forth in
this Declaration, the Articles of Incorporation or By -Laws. The Association shall
also have the power to do any and all lawful things which may be authorised,
required or permitted to be done under this Declaration, the Articles of
Incorporation and By -Laws and to do and perform any and all acts which may be
necessary or desirable for, or incidental to, the exercise of any of the express
powers or rights of the Association under this Declaration, the Articles of
Incorporation and By -Laws.
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9. I( QTICE- OP _044.PR._4Q'1'.QR.UNIT1.00T,i ICATE.W. CONp►,4AI(¢E.
9.1 Notification .of.,$ale.of..Lot.or,Un!_t. When a contract for the sale by an
Owner other than a Declarant of a Lot or Unit has been executed, the selling Owner
of the Lot or Unit shall give the Board reasonable written notification of the date,
time and place of the closing of the sale. Thereupon the Board may prepare a
certificate of compliance as provided in Section 9.2 and deliver it within a
reasonable time to the place of closing. Outstanding assessments and charges. if
any; and reasonable costa tor correcting any other non - compliance. it any, shall be
deducted from the selling Owner's account at the closing and transmitted directly to
the Association.
9.2 Certificate.ot Compliance.. The Association shall, upon demand and tor a
reasonable charge. furnish a certificate signed by an officer ot the Association
setting forth whether or not the assessments and any charges on a specified Lot or
Unit have been paid as of the date of preparation of such certificate. A properly
executed certificate of the Association as to the status of a Lot or Unit shall be
• binding upon the Association as ot the date ot its issuance.
10. CENERAL REBTR ;CTIONB. APPLICABLE TO LAND
All real property within the Pebble Creek Development shall be held, used and
enjoyed subject to the following limitations and restrictions, and subject to the
exemptions ot Declarant sat forth in this Declaration,
10.1 llaintenence_ot..Prgperty,. No property within the Pebble Creek Development
shall be permitted to fall into disrepair, and all property within the Pebble Creek
Development, including any improvements thereon, shall be kept and maintained in a
clean, sate, attractive and sightly condition and in good repair. Maintenance,
repair and upkeep of each Lot or Unit shall be the responsibility of the Owner of
the Lot or Unit. Maintenance. repair and upkeep ot Common Area and Community Common
Elements shall be the responsibility of the Association or Community Association, as
applicable. Violation ot this provision by an Owner (or any Person occupying such •
Lot or Unit through such Owner) shall permit the Association, atter Notice and
Hearing, to enter onto the Lot or Unit ot the Owner and cure the violation or cause
compliance with this provision and to levy and collect a Reimbursement Assessment
for the costs and expenses ot the Aaaociation in bo doing; provided, however, that
there shall be no entry into the interior of a completed Improvement intended for
human occupancy without the consent ot the owner ar occupant thereof unless a clear
emeraency exists.
It, in the solo discretion of the Board, any Community Association tails to
enforce the property maintenance provisions it is charged to enforce under a
Supplementary Declaration or it such Community Association tails to maintain any
Community Common Element in compliance with the requirements and guidelines of this
Declaration or any Supplementary Declaration. the Association may, but shall not be
obligated to, through its agents and employees, after notice and hearing in the case
of an Owner or ten (10) days following written notice of such default by tho
Community Association and such Community Association's failure to cure such default
within such ten (10) days period, enter onto the Lot or Unit of the Owner or
Community Common Elements, as applicable, and cure the violation or cause compliance
with; this provision and to levy and collect a Reimbursement Assessment for the coat
and expenses of the Association in so doing; provided, however, that there shall be
no entering into the interior of a completed Improvement intended for human
occupancy without the consent of the Owner or occupant thereof unless a clear
emergency exists.
10.2 Noxious..or Ottensive_Actiy_!ty• No noxious or offensive activity shall be
carried on upon any property within the Pebble Creek Development nor shall anything
be done or placed thereon which is or may become a nuisance or cause an unreasonable
embarrassment, disturbance or annoyance to others.
10.3 Annoying Bounds or Odors. No sound or odor shall be emitted from any
property within the Pebble Creek Development which is noxious or unreasonably
offensive to others. Without limiting the generality of the foregoing, no horns,
whistles, bells or other sound and fire devices, other than security and fire
devices used exclusively tor security and tire purposes and intercoms, shell be
located or used on any property except with the prior written approval of the
Architectural Committee or as permitted by the Rules and Regulations. Exterior
speakers may be located, used or placed on a Lot or Unit provided that the use of ,
suchjexterior speaker does not constitute a nuisance or annoyance.
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10.4 Ro.NaSOrdoge-A.ctisiIISA. No activity shall be conducted on and no
Improvements shall be constructed on any property within the Pebble Creek
Development which is or might be unsafe or hazardous to any person or property.
Without limiting the generality of the foregoing, no firearms shall be discharged
upon;any property and no open fires shall be lighted or permitted an any property
except in a contained barbecue unit while attended and in use for cooking purposes
or within a sate and vell - designed interior or exterior fireplace or unless
otherwise approved in writing by the Association. The fact that the Association
approves the lighting of open fires on any property on any given occasion shall not
require the Association to thereafter approve similar lighting of fires on such
Property or any other property within the Pebble Creek Development at any np late:
date,
10.5 No.Unpin t)ipess. No unsightliness shall be permitted on any Lot or Unit •
which is visible from any other Lot or Unit or other land within the Pebble Creek
Development. Without limiting the generality of the foregoing. all unsightly
conditions, structures, facilities, equipment, and objects and conditions shall be
enclosed with a structure including garden or maintenance equipment except when in
actual use.
10.6 Neetlrioti nDe_DD..S101bagD _Rnd_TS.RQh• At any time prior to the commencement
of construction of Improvements on a Lot or Unit and at all times following the
completion of construction of such Improvements, no refuse, garbage, trash, lumber,
grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap,
refuge or debris of any kind shall be kept, stored or allowed to accumulate on any
Lot or Unit except within an enclosed structure or appropriately screened from view,
except that any such container (approved by the Association) may be placed in a
designated area tor garbage or trash pickup no earlier than 6 p.m. on the day
preceding trash pickup of such garbage and trash and shall be returned to an
enclosed structure or an area appropriately screened from view no later than 12:01
o.m.Ion the day following the pickup of such garbage and trash.
10.7 No.Temp_prary.Btrucfuree. No tent, shack, temporary structure or temporary
building shall be placed upon any property within the Pebble Creek Development •
except with the prior written consent of the Architectural Committee obtained in
eachiinstance or except as permitted by Section 7.3 hereof.
110.8 stsJstions_ on_ Aptpnna ,_11pep..ehg_Uxilkty Pipes for water, gas,
sewer, drainage or other purposes and wires, poles, antennae and other facilities
for the transmission or reception of audio or visual signals or electricity, and
utility meters or other utility facilities shall be kept and maintained, to the
extent reasonably possible. underground or within an enclosed structure. No
exterior radio antennae, television antennae, or other antennae of any type shall be
erected or maintained in the Pebble Creek Development except that on commercial
sites or industrial sites an Owner may erect antennae if such antennae are necessary
to carry on the business conducted by Owner on such Owner's property and provided
that the Architectural Committee gives its consent to the erection of such antennae
in accordance with the provisions of Article 6 hereof. A master antenna or cable
television antenna or antennae may, but need not. be provided by the Association for
use of all Owners or a group of Owners. and Declarant may grant easements for such
purposes.
10.9 Ralitri£ .RnR_.A.11gA0 end_Advertisina Devie$a. No sign, poster, •
billboard. advertising device or display of any kind shall be erected or maintained
anywhere within the Pebble Creek Development so as to be evident to public view
except signs as may be approved in writing by the Architectural Committee. A sign
advertising a Lot or Unit for sale or for lease may be placed on such Lot or Unit;
•
• provided, however, that the Rules and Regulations may regulate the dimensions,
{ color, style and location of such signs and no sign not complying with the Rules and
Regulations may be placed or maintained in the Pebble Creek Development.
10.10 Regtrictipgs an Nining.or.Drilling. No property within the Pebble Creek
Development shall be used for the purpose of mining, quarrying, drilling, boring or
exploring for or removing water, oil, gas or other hydrocarbons, minerals. rocks.
stones, gravel or earth except (i) drilling, exploring for or removing underground
water by Declarant or any Person designated by Declarant tor the purpose of
providing water service to property within the boundaries of the Pebble Creek
Development, (ii) if approved by the Architectural Committee, the necessary
digging or removal of earth or other surface or subsurface material in conjunction
with the landscaping or construction of Improvements within the Pebble Creek
Development. and (iii) except any penetration into the sub - surface of Property
• withi{: the Pebble Creek Development by any well, shaft or other excavation which is
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at depth of not leas than five hundred feet (500') below the natural ground level
ot such property and as to which the surface location of such Well, shaft or other
excavation is not closer than three hundred feet (300') to any boundary line of the
Pebble Creek Development.
10.11 Maintenance.ot.Areingge. There shall be no interference with the
established drainage pattern over any property within the Pebble Creek Development
except as approved in writing by the Architectural Committee. Approval shall not be
granted unleaa provision is made for adequate alternate drainage. The "established
drainage pattern" shall mean the drainage pattern which exists at the time the
overall grading ot any property is completed and shall include any established
drainage pattern shown on any plans approved by the Architectural Committee. The
established drainage pattern may include the drainage pattern trom Common Area over
anylLot or Unit. from any Lot or Unit over the Common Area, or from any Lot or Unit
over another Lot or Unit.
writ 10.12 Compliance with.lnsurance_Regarements.. Except as may be approved in
ing by the Board, nothing shall be done or kept on property within the Pebble
Creek Development which may result in a material increase in the rates of insurance
or would result in the cancellation ot any insurance maintained by tho Association.
• 1 10.13 Compliance, Nothing shall be done or kept on any property
within the Pebble Creek Development in violation ot any law, ordinance, rule or
regulation of any governmental authority having jurisdiction.
i10.14. Restrictions,, on_8ewage.Diaposal..Syatem. No septic or other sewage
disposal system shall be installed within the Pebble Creek Development without the
prior written consent of the Architectural Committee, except a central sewer
dispbsai system installed and maintained by a private utility company, water
district, municipal utility district or similar governmental agency for the benefit
of the Pebble Creek Development. Any sewage dispose) system installed tor property
within the Pebble Creek Development shall be subloct to applicable laws, rules and
regulations of any governmental authority having jurisdiction. •
10.15 Restrictiong.on Water Systems. No individual water supply or water
aoftner system shall be installed or maintained for any property within the Pebble
Creak Development, except as may be installed by Declarant or a private utility
company providing water service to the property within the Pebble Creek Development.
110.16 Restoration in the_EV,ent.pf. or..Dea,tructien. Except as otherwise
provided in a Supplementary Declaration, in the event of damage or destruction ot
any Improvement on any Lot or Unit. the Owner thereof shall promptly cause the
damaged or destroyed Improvement to be (a) restored or replaced to its original
condition or such other condition as may be approved in writing by the Architectural
Committee. or (b) demolished and the Lot or Unit suitably cleared and landscaped
subject to the approval of the Architectural Committee so as to present a pleasing
and attractive appearance.
QEQRRAL.PROVIS1ONS
11.1 Association Intormatieq. The books and records of the Association shall
be open to examination by any Member during reasonable business hours.
11.2 Severability. Invalidation of any one of the provisions of this
Declaration shall not attect any other provision hereof, which shall remain in full
force and effect.
• 11.3 Term. The provisions of this Declaration shall constitute covenants
running with the land and shell be binding upon all future Owners, transferees and
lessees thereof, and their successors and assigns, for a term of forty (40) Years
trom the date ot this Declaration, after which time they shall be automatically
extended for up to three (3) successive periods of ten (10) years each unless
terminated as provided in Section 11.5 hereot
11.4 R-esubdivieion. In the event that any Lot or Unit is resubdivided or
submitted to a condominium regime, the plan of resubdiviaion or condominium plat
Medlin the Office of the County Clerk of Brazos County. Texas, shall make specific
reference to this Declaration, but its failure to do so shall not affect the
applicability of the provisions hereof to any such Lot or Unit.
11.5 Am n bill ..d4d.4u. This Declaration may be amended or changed. in
whole or in part, at any time within forty (40) years of the date of this •
vo. l2 5112025
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Declaration by the written agreement or signed ballot of those Members holding not
less than sixty -seven percent 678 of the t
P 1 ) h total votes of each class i a of Members;
and. thereafter, by a written y agreement or signed ballot
gn aivnsd by those Members
bolding not less than fifty percent (50) of the total votes of each class of
Members. If the Declaration is amended by a written instrument signed by the
regdisite number of Members. such amendment must be approved by said Members within
three hundred sixty -five (365) days of the date the first Member executes such
amendment. The date a Member's signature is acknowledged shall constitute prima
facia evidence of the date of execution of said amendment by such Member. Y b emb r. Rhose
Members (including the Declarant) entitled to cast not leas than the required number
of all votes of the Members of the Association may also vote to amend this
Declaration, in person or by proxy, at a meeting of the Members (including the
Declarant) duly called for such purpose, written notice of which shall be given to
a111Ownere at least ten (10) days and not more than sixty (60) days in advance and
shall set forth the purpose of such meeting. Notwithstanding any provision •
contained in the By -Laws to the contrary. a quorum, for purposes of such meeting,
shall consist of not leas than seventy percent (70%) of all of the Members (in
person or by Proxy) entitled to vote. Any such amendment shall become effective
when an instrument is filed for record in the Office of the County Clerk of Brazos
County, Texas, accompanied by a certificate, signed by a majority of the Board of
Directors. stating that the required number of Members (including the Declarant)
executed the instrument amending this Declaration or cast a written vote. in person
or by proxy, in favor of said amendment at the meeting called for such purpose.
Copies of the written ballots pertaining to such amendment shall be retained by the
Association for a period of not lean than three (3) years after the date of filing
of the amendment.
11.6 Amendment.by.the,Declarant. The Declarant shall have and reserves the
right at any time and from time to time prior to the Control Transfer Date, without
theljoinder or consent of any Owner or other party. to amend this Declaration b y an
instrument in writing duly signed acknowledged, and
g filed tor record tor the
purpose of correcting any typographical or grammatical error, oversight, ambiguity
or inconsistency appearing herein, provided that any such amendment shall be
consistent with and in furtherance of the general plan and scheme of development as
evidenced by this Declaration and shall not impair or adversely affect the vested
property or other rights of any Owner or his mortgagee. q Y q gee. Additionall Y Declarant
shall have and reaervea the right at any time and from time to time prior to the
Control Transfer Date, without the joinder or consent of any Owner or other party,
to amend this Declaration by an instrument in writing duly signed, acknowledged and
filed for record for the purpose of permitting the Owners to enjoy the benefits from
technological advances, such as security, communications or energy- related devices
or equipment which did not exist or were not in common use in mixed -use subdivisions
at the time this Declaration was adopted. Likewise, the Declarant shall have and
reserves the right at any time and from time to time prior to the Control Transfer
Date, without the joinder or consent of any Owner or other party, to amend this
Declaration by an instrument in writing duly signed, acknowledged and filed for
record tor the purpose of prohibiting the use of any device or apparatus developed
and /or available for residential or commercial use following the date of this
Declaration if the use of such device or apparatus will adversely affect the
Association or will adversely affect the property values within the Pebble Creek
Development.
i 11.7 Mergers- and_Consolidatl9ns, The Association may participate in mergers
and consolidations with other non- profit corporations organised for the same
Purposes, provided that (1) prior to the Control Transfer Date any such merger or •
consolidation shall be approved (in writing or at a meeting duly called for such
purpose) by two - thirds (2 /3rda) of the Board and (ii) fram and after the Control
Transfer Date any such merger or consolidation shall have the consent (in writing or
at a meeting duly called tor such purpose) of Declarant and of Members entitled to
cast not less than two - thirds (2 /3rda) of the votes of the Class A Members of the
Association.
Upon a merger or consolidation of the Association with another association as
Provided in its Articles of Incorporation, the properties, rights, and obligations
may by operation of law, be transferred to another surviving or consolidated
association, or alternatively, the properties, rights and obligations of the other
association may, by operation of law, be added to the properties, righta and
obligations of the Association as a surviving corporation pursuant to the merger.
•
Thelaurviving or consolidated association will be subject to the covenants and
•
restrictions established by this Declaration within the Pebble Creek Development,
tog ther with the covenants and restrictions established upon any other properties
as one scheme. No such merger or consolidation, however, shall effect any
vo11225m -026
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revocation, change or addition to the covenants and restrictions established by this
Declaration, except as changed by amendment ot this Declaration or by the plan ot
merger or consolidation. In the event of any inconsistency between the terms and
•
provisions ot this Declaration and the terms and provisions ot any ot the merger or
consolidation documents, the term and provisions of the merger or consolidation
documents shall control.
•
111.8 Ettect..on.Annexable.Land. The provisions of this Declaration do not
impose any restrictions whatsoever or otherwise encumber the Annexable Land. unless •
and until portions of the Annexable Land are made subject to the jurisdiction of the
Association by a separate instrument executed solely by Declarant or its successors
and assigns and any lien holders, which instrument is recorded in the Office of the
County Clerk of Brazos County, Texas.
11.9 Effect on.Country_c u4J,gncl. The provisions of this Declaration do not
impose any restrictions whatsoever or otherwise encumber the Country Club Land,
except tor the provisions of Article 3 relating to voting by the Country Club,
Article 5 relating to the assessments and charges applicable to the Country Club
Land, end the provisions ot Paragraph 11.5 relating to the amendment of this
Declaration.
111.10 Spectal .Approvele_b2...Zrirot_.}(gxjg gees. Unless at least titty -one percent
(53Y) of the mortgagees holding first lien mortgages (based upon one vote for each
mortgage owned) of the lots or units in the Pebble Creek Development have given
their written approval, neither the Association nor any Member shall (i) by act or
omission seek to abandon, partition, subdivide, encumber, call or transfer the
Common Area or the Improvements thereon which are owned. directly or indirectly, by
the Association (except that the granting of access easements, utilities easements,
drainage easements and water facilities easements or easements tor other public
ourpesea consistent with the intended use of such property by the Association shall
not be deemed to be within the meaning of this provision); (ii) change the method ot
determining the obligations, assessments or other charges which may be lovied
against Members or the method ot allocating distributions ot hazard insurance policy
proceeds or condemnation awards; (iii) by act or omission change, waive or abandon
any scheme or regulation, or enforcement thereof. pertaining to architectural
approval of Improvements to property; (iv) tail to maintain the casualty. Eire and
extended coverage insurance on insurable Community Common Elements an elsewhere
provided in this Declaration; (v► use hazard insurance proceeds from losses to any
Common Area tor other than the repair, replacement or reconstruction ot the
Improvements which were damaged or destroyed; and (vi) amend any material provision
of this Declaration, including, without limitation, any provision° which are tor the
express benefit ot a mortgagee or eligible insurers or guarantors of eligible first
mortgages on lots or units.
i
11.11 Declarant'a.$ighta_,and 1'rerppa.tivop,. Prior to the Control Tranater Date,
the Declarant may tile a statement in the Oftice of the County Clerk of Brazos
County, Texas, which expressly provides for the Developer's (i) discontinuance of
the exercise ot any right or prerogative provided for in this Declaration to be
exercised by the Declarant of (ii) assignment to any third party owning property in
the Pebble Creek Development. Annexable hand or to the entity owning the Country
Club; of one or more ot Developer's specific rights and prerogatives provided in
thisiDecleration to by exercised by Declarant. The assignee designated by Declarant
to exercise one or more ot Declarant's rights or prerogatives hereunder shall be
entitled to exercise such right or prerogative until the earlier to occur ot the (a)
Control Transfer Date or (b) date that said assignee files a statement in the Office
of the County Clerk ot Brazos County, Texas, which expressly provides tor said
Assignee's discontinuance of the exercise of said right or prerogative. From and
atter the date that the Declarant discontinues its exercise of any right or
prerogative hereunder and /or assigns its right to exercise one or more of its rights
or prerogatives to an assignee, the Declarant shall not incur any liability to any
Owner. the Association or any other party by reason of the Developer's
discontinuance or assignment of the exercise of said right(s) or prerogative(s).
11.12 pieclalmer.for ErFant 44Lt_ha ia. Land subject to this Declaration is
intended for development as a balanced, planned community, including residential.
commercial, golf course and country club, public and other uses. From time to time,
Owners of Lots or Units may be subject to the stray ingress and egress of golf balls
from people playing golf nearby. Specific easements are granted for such
unavoidable ingress and egress and Owners may not hold liable any planner,
developer, constructor, or any other person tor any injury or damage whatsoever
caused by occasion of such golf balls.
vot 1225rAvon
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11.13 Gender. Wherever in this Declaration the context so requires, the
aisjgular number shall include the plural, and the converse; and the use of any
gender shall be deemed to include all genders.
j 11.14 Headings,. The headings and any table of contents contained in this
Declaration are for reference purposes only and shall not in any way affect the
meaning or interpretation hereof.
j Executed this 4+ day of December, 1990.
ATTB PEBBLE CREEK DEVELOPMEN COMPANY
Laura Normand, Secretary A. P. Boyd, Vice at
.
STATE OP TEXAS , JO
COUNTY OP BRAZOS ' y^ `• `°
This instrument was acknowledged before me on this the daykot;Decamp .' r
1990, by A. P. Boyd, Vice President of Pebble Creek Development ComnanYob.Texas ;•f
Corporation. on behalf of such corporation. ,. .. .•;
I
Notary Pubiic, Strite of Texas •
My Commission Expires:, /.y__3j,'9,
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this the day of December,
1990, by Laura Normand, Secretary of Pebble Creek Development Company, a Texas
Corporation, on behalf of such corporation.
I GAYLE E. HAIIEY
5 ( /9 .1�• , Notary Public. Stale of Texas
61y Commission Expires 54642 Notary ub ic, State of T s
My Commission Expires:.-_
•
VOL l2�5TAGr028
1 i
EXHIBIT A
Pobblo Crook Phase 1
S.W. Robertson Survey
Collogo Station, Texas
26 April 1990
All that certain tract or psrcol of land lying and being situatod in tho S.W.
Robertson Survey in Collogo Station, Brazos County, Texas, boing a part of
that 1348.88 acro tract convoyod to TCR Joint Ventura by doods rocordod in
Volumo 1058, Page 613 and Volume 1058, Page 610 of the Official Rocorda of
Brazos County, Texas, and boing moro particularly doacribod as follows:
j !
Beginning in tho southoast lino of Greens Prairie Road, N 41' 52' 23" E
1171.50 feet from the most northorly corner of Texas Controid Ranch Section
Ono addition to tho City of Collogo Station, Toxas, according to plat of
record in Volumo 981, Page 221 of the Official Rocords of Brazos County,
Texas.
Thonco through tho said TCR Joint Venture 1348.88 acre tract as follows:
S 48' 07' 37" E - 138.10 foot to tho beginning of a curvo to tho loft
• (R- 600');
Along the arc of said curve through a control anglo of 37' 24' 53 ";
S 6' 16' 07" W - 136.22 foot to the boginning of a curvo to tho right
(R- 430');
Along tho are of said curve through a control anglo of 38' 01' 29" to tho end
of said curvo;
S 44. 17' 37" W • 447.74 foot to tho boginning of a curvo to tho loft
(R- 570');
Along tho arc of said curve through a control anglo of 53' 37' 15" to the and
of said curvo;
S 9' 19' 39" E - 660.50 feat;
N 80' 40' 21" E • 190.23 foot;
N 88' 21' 38" E • 245.47 foot;
S 77' 15' 34" E - 595.93 foot;
S 65' 14' 36" E - 150.00 foot;
S 40' 22' 37" E • 225.00 foot;
S 26' 06' 12" E • 421,94 foot;
S 15' 27' 21" E • 180.00 foot;
N 74' 32' 39" E • 198.12 foot to tho boginning of a curvo to tho right
(R- 765');
Along the arc of said curve through a control anglo of 8' 29' 39" to the and
of said curvo;
N 83 02' 18" E • 137.61 foot to the boginning of a curvo to tho loft
(R- 835');
Along tho are of said curvo through a control anglo of 23' 57' 04" to tho and
of said curvo;
N 59 05' 14" E - 139.53 foot to tho boginning of a curve to the loft
(R- 835');
Along tho arc of said curve through a control anglo of 15' 23' 58" to the end
of said curvo;
N 43 41' 16" E • 98,76 foot to the boginning of a curve to the right
(R 565');
Along the arc of said curvo through a control anglo of 18' 52' 46" to tho end
of said curve;
N 62' 34' 02" E - 84.35 foot to tho boginning of a curve to tho loft (R- 635');
Along tho arc of said curve through a control anglo of 31' 11' 23" to tho and
of said curve;
N 31' 22' 39" E - 49.00 foot to the boginning of a curvo to tho right
(R- 565');
Along the arc of said curve through a control angle of 19' 02' 52" to tho and
of said curve;
N 50' 25' 31" E • 94.26 foot to the southwest lino of that 27.29 acro crocc
convoyod to tho City of Collogo Station, Texas, by dood recorded in Volumo
1029, Pogo 13 of the Official Rocords of Brazos County, Texas;
Thence N 39' 34' 29" W - 3752.83 foot along tho southwest lino of the said
City of Collogo Station 27.29 acro tract to tho most weatorly cornor of same
in tho southeast lino of Croons Prairie Road;
Thence S 41' 52' 23" W - 1383.77 foot to tho Point ,of. Boginning and contain-
ing 168,99 acres of land more or less.
SAVE AND EXCEPT THE FOLLOWING TWO TRACTS OF LAND DESCRIBED AS "GOLF COURSE
TRACT 1" AND "GOLF COURSE TRACT 2 ".
VOL 1.2 ?5taa029
9
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Golf Course Tract 1
Pebble Creek Phase 1
S.W. Robertson Survey
College Station, Texas
16 November 1990
All that certain tract or parcel of land Tying and being situated in the S.W. Robertson
Survey In College Station, Brazos County, Texas, being a part of that 168.99 acre tract
conveyed to Pebble Creek Development Company by deed recorded 28 June 1990 In the
Official Records of Brazos County, Texas, under file No. 447660 and being more particular -
ly described as follows: •
Beginning in the southwest line of that 27.29 acre tract conveyed to the City of College
Station, Texas, by deed recorded In Volume 1029, Page 13 of the Official Records of
Brazos County, Texas, S 39° 34' 29" E - 711.41 feet from the most westerly corner of
same In the southeast line of Greens Prairie Road.
Thence S 39° 34' 29" E - 233.71 feet along the southwest line of the said City of College •
Station tract;
Thence through the said Pebble Creek Development Company tract as follows: fee
S • 0° 07' 14" W - 261.72 74
61 2
S 20° 53' 49" E - 168.29 feet;
N 83° 10' 43" W • 60.77 feet to the beginning of a curve to the right
(R=1700');
Along the arc of said curve through a central angle of 8° 28' 04" to the end
of said curve;
N 74° 42' 39" W - 109.46 feet;
N 16° 40' 05" E - 661.37 feet;
S 86° 17' 01' E - 124.05 feet to the Point of Beginning and containing 4.47 acres of land
more or less.
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vat. 1. „25
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i : Golf Course Tract 2
` f+ebble Creek Phase 1
` ' S.W. Robertson Survey
1 College 16 eme Station, Texas
990
,Ali that certain tract or parcel of land lying and being situated In the S.W. Robertson
Survey In College Station, Brazos County, Texas, being a part of that 168.99 acre tract
!conveyed to Pebble Creek Development Company by deed recorded 28 June 1990 In the
ONtcial Records of Brazos County, Texas, under file No. 447660 and being more particular -
ly described as follows:
Beginning in the southwest line of that 27.29 acre tract conveyed to the City of College
Station, Texas, by deed recorded In Volume 1029, Page 13 of the Official Records of
(Brazos County, Texas, S 39 29" E - 1823.73 feet from the most westerly corner of same
In the southeast line of Greens Prairie Road.
Thence S 39° 34' 29" E - 413.75 feet along the southwest line of the said 27.29 acre Tract;
;Thence through the said Pebble Creek Development Company tract as follows:
IS 17° 25' 32" W - 494.64 feet;
S 13° 48' 04" W - 287.42 feet;
S 11° 24' 14" W - 279.48 feet;
S 1° 47' 56" W - 640.00 feet;
'S 23° 00' 40" W - 231.43 (eel;
IS 63° 53' 50" W • 130.00 feet;
N 48°40' 22" W - 158.57 feet;
N 29° 10' 26" W - 344.20 feet;
'N34 °39'50 "W - 226.18 feet;
'N 58 50' 37" W - 237.94 feet;
N 70° 20' 32" W • 389.10 feet;
N 25° 48' 58" E - 704.20 feat;
I N 7°30' 22" E - 886.07 feet;
S 79° 47' 55" E • 17.32 feet to the beginning of a curve to the left (fi = 1770');
Along the arc of said curve Through a central angle of 3° 22' 48" to the end of said curve;
S 83 10' 43" E - 13.05 feet;
S 3° 08' 05" W - 140.29 feet;
S 9° 12' 34" E - 394.54 feet;
S 3° 05' 00" E - 336.64 feet;
S 23° 28' 16" W - 461.12 feet;
S 50°54' 59" E - 99.21 feet;
N 79° 31' 40" E - 410.00 feet;
I N 16° 48' 20" E - 300.00 feet;
N 9 "E - 586.44 feet;
N 22° 59' 23" W - 235.00 feet;
N 1 °24'44 "W - 140.00 feet;
I S 83° 10' 43" E - 154.90 feel to the beginning of a curve to the right (R =365');
Atong the arc of said curve through a central angle of 8° 38' 03" to the Point of Beginning
and containing 32.56 acres of land more or less.
1 225futo31
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